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PENN. & SO. GAS CO. v. STATE

57 A.D.2d 166 (1977)

Pennsylvania & Southern Gas Company, Appellant, v. State of New York, Respondent. (Claim No. 55245.)

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

April 28, 1977

Attorney(s) appearing for the Case

Spiro, Felstiner, Prager & Treeger (Sidney Z. Searles and William W. Prager of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, J. P., MAIN, LARKIN and HERLIHY, JJ., concur.

SWEENEY, J.

Claimant operates a gas distribution facility. Pursuant to section 30 of the Highway Law, defendant appropriated a part of claimant's property located in the Village of Waverly, New York, in anticipation of the construction of the Southern Tier Expressway, specifically referred to in section 340-c of the Highway Law. This property, previously located on the north side of Deily Street in the Village...

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