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CO. OF NASSAU v. WATER DIST.

62 A.D.2d 380 (1978)

County of Nassau, Respondent, v. South Farmingdale Water District, Appellant

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

May 22, 1978

Attorney(s) appearing for the Case

Carman, Callahan, Carman & Sabino (Gregory W. Carman of counsel), for appellant.

William Gitelman, County Attorney (Tracie P. Peddy, Robert S. Hoshino, Jr., and Natale C. Tedone of counsel), for respondent.

DAMIANI, J. P., and O'CONNOR, J., concur with SUOZZI, J.; GULOTTA, J., dissents and votes to affirm the order, with an opinion.

SUOZZI, J.

We are called upon in this appeal to define the nature and scope of the right of the plaintiff county to order the removal of pre-existing water mains and pipes owned by the defendant, South Farmingdale Water District, and located under a State road, in order to make way for the construction of a county-wide sewer system. The Special Term and the dissent have adopted the view that the defendant municipal...

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