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MACKAY v. STATE

77 A.D.2d 953 (1980)

William R. Mackay et al., as Executors and Trustees of Thomas F. Luther, Deceased, et al., Appellants, v. State of New York, Respondent

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

August 5, 1980

Motion for permission to prosecute appeal beyond the one-year period specified by section 800.12 of the Rules of Practice (22 NYCRR 800.12). The papers indicate that on January 12, 1979 an order was entered by the Court of Claims permitting the defendant State of New York, over claimants' objections, to file a second appraisal in this appropriation case. Claimants filed a timely notice of appeal from this determination. Thereafter, in August 1979, claimants moved the court...

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