YONKERS CMTY. DEV. AGENCY v. STRAUS


65 A.D.2d 791 (1978)

Yonkers Community Development Agency Appellant, v. Fred Straus, Respondent, et al., Defendants

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

November 20, 1978


Order modified, on the law, by deleting the second and third decretal paragraphs thereof. As modified, order affirmed, without costs or disbursements, and proceeding remanded to Special Term for a de novo hearing and determination (see Eminent Domain Procedure Law [EDPL] 501, subd [B]).

It was proper to reject the report where one of the three commissioners appointed by the court "neither attended any of the hearings, nor subscribed the * * * award, nor otherwise...

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