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BELVEDERE v. STATE OF NY

51 A.D.2d 400 (1976)

John Belvedere et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 54976.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 8, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for appellant-respondent.

Samuel Goldstein & Sons (Samuel Goldstein of counsel), for respondents-appellants.

MAHONEY, MAIN, HERLIHY and REYNOLDS, JJ., concur.

GREENBLOTT, J. P.

Claimants were the owners of a rectangular shaped 186.232 plus or minus acre tract of vacant land in the Town of Newburgh, Orange County. The State of New York permanently appropriated the land on August 13, 1971 for the extension of Stewart Airport. The Court of Claims awarded claimants $791,000 plus interest for that appropriation.

On this appeal the State argues that the award of...

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