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  5. 49 N.Y.2d 354 (1980)
 

MATTER OF TOWN OF ISLIP (MASCIOLI)

49 N.Y.2d 354 (1980)

In the Matter of Town of Islip, Appellant-Respondent, Relative to Acquiring Title to Real Property Situated in the Hamlet of Sayville. Joseph Mascioli et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided February 12, 1980.

Attorney(s) appearing for the Case

Francis G. Caldeira, Town Attorney (William J. Kent of counsel), for appellant-respondent.

Edward Flower for respondents-appellants.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

In a condemnation case, where the Town of Islip acquired land which at the time of taking was undeveloped but had been restrictively zoned residential by the town, the Supreme Court, after trial, found the property "unsuitable for residence use" and awarded the claimants, its former owners, an increment above, and in addition to, its residential value. The Appellate Division affirmed, with one dissent...

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