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  5. 41 N.Y.2d 1058 (1977)
 

MATTER OF COUNTY OF SUFFOLK

41 N.Y.2d 1058 (1977)

In the Matter of County of Suffolk, Appellant-Respondent, Relative to Acquiring Title to Real Property for County Purposes in the Town of Babylon. A. Basil Griffith et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Howard E. Pachman, County Attorney (Henry G. Wenzel, III, of counsel), for appellant-respondent.

Michael J. Goldstein for respondents-appellants.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

On the appeal by the county we observe that both the county and the claimants and their respective appraisers presented proof of valuation of the rear portion of the condemned premises, then zoned residential, on the predicate that there was a probability of a zoning change from residential to commercial. In this circumstance it was...

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