MATTER OF COUNTY OF SUFFOLK


63 A.D.2d 980 (1978)

In the Matter of The County of Suffolk, Respondent, Relative to Acquiring Title to Real Property on Woodside Avenue, from Patchogue-Holbrook Road to Horseblock Road, in The Towns of Islip and Brookhaven. Yaphank 96 Associates, Appellant

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

June 12, 1978


Order and decree reversed, on the law and the facts, with costs, and proceeding remanded to the Special Condemnation Term for further proceedings not inconsistent herewith.

The central question is whether Suffolk County's partial taking has deprived claimant of legal access from his southerly remainder parcel to public roads and thereby left it landlocked. The claimant could not be required to secure property rights outside of its own boundary lines to

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