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MATTER OF MATTESON v. COUNTY OF HERKIMER

94 A.D.2d 950 (1983)

In the Matter of Anne M. Matteson, Individually and as Executrix of Franklin G. Matteson, Deceased, et al., Petitioners, v. County of Herkimer, Respondent

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

May 25, 1983

Application unanimously denied and petition dismissed, without costs.

Memorandum:

We agree with respondent that the proposed taking is de minimis (EDPL 206, subd [D]). The county plans to straighten and flatten a strip of road less than one-half mile long. The total taking involves only 1.94 acres of petitioners' 79.5 acres of land. The land to be taken includes only narrow strips abutting the present roadway, as well as one small triangular piece which...

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