MATTER OF CITY OF YONKERS v. HVIZD


93 A.D.2d 887 (1983)

In the Matter of The City of Yonkers, by Ernest Green, as Commissioner of Public Works, Appellant, v. Andrew Hvizd et al., Respondents

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

April 25, 1983


Order entered June 23, 1981 reversed, insofar as appealed from, on the law and the facts, without costs or disbursements, order dated October 30, 1980 vacated, petition granted and proceeding remitted to Special Term for entry of a judgment of condemnation.

The evidence establishes that petitioner was exempted from the provisions of EDPL article 2 ("Determination of the Need and Location of a Public Project Prior to Acquisition") pursuant to EDPL 206 (subd [D]) (see...

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