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MILLER v. STATE NEW YORK

91 Misc.2d 1028 (1977)

Fannie J. Miller, Individually and as Executrix of Enos N. Miller, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 59111.)

Court of Claims.

November 3, 1977

Attorney(s) appearing for the Case

Congdon, Perreault, Dohl & Wixson (Benjamin C. Perreault of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Veneard D. Neri of counsel), for defendant.

JEREMIAH J. MORIARTY, J.

In a project entitled County Line — Arcade, State Highway No. 1155, Wyoming County, the State of New York appropriated portions of claimant's real property situate in the Village of Arcade, Wyoming County.

It appears from the moving papers, the defendant's answering affidavit and oral testimony taken on a hearing on the motion that, although the highway project was Federally...

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