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MTR. OF TN. OF GREENBURGH

70 A.D.2d 409 (1979)

In the Matter of The Town of Greenburgh Hazel Turner, Also Known as Hazel Jolley, Appellant Commissioner of Finance of Westchester County, Respondent

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

November 5, 1979

Attorney(s) appearing for the Case

Hecker & Hecker (Hyman Hecker of counsel), for appellant.

Samuel S. Yasgur, County Attorney (Lester D. Steinman and Jonathan Lovett of counsel), for respondent.

LAZER, J. P., COHALAN and MARGETT, JJ., concur in Per Curiam opinion; GULOTTA, J., dissents and votes to affirm the order, with an opinion.

Per Curiam.

In a postcondemnation proceeding pursuant to former subdivision 2 of section 555 of the General Municipal Law, the appeal is by the condemnee from an order which denied her application to compel the Commissioner of Finance of Westchester County to turn over to her certain accrued interest on deposit.

The question on this appeal is who is entitled to the sum of $11,294.59, generated as interest on...

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