MICKEL v. STATE


77 A.D.2d 794 (1980)

Emma A. Mickel, Respondent, v. State of New York et al., Appellants. (Claim No. 60670.)

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

July 10, 1980


Order unanimously reversed, without costs, motion granted and claim dismissed.

Memorandum:

We do not believe that the State may be liable for a purported appropriation where it temporarily posts signs which read "Public Fishing" on claimant's property. Claimant owns land on both sides of Fish Creek in a rural section of Oneida County. These holdings include the creek bed and fishing rights to approximately one-half mile of the creek. The State owns the adjacent...

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