MATTER OF TOWN OF COXSACKIE v. DERNIER


105 A.D.2d 966 (1984)

In the Matter of Town of Coxsackie, Respondent, v. Eileen J. Dernier et al., as Executrices of Mabel D. Phillips, Deceased, Appellants, et al., Respondent

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

November 15, 1984


Petitioner commenced this proceeding to obtain a permanent easement across the lands of respondents for the expansion and improvement of its sanitary sewer system. Following a public hearing, petitioner issued a resolution on May 10, 1983 authorizing the establishment of a sewer improvement area (see Town Law, § 209-q). It appears that all necessary rights of way to complete the project had been acquired, except for an easement over the property of respondent Mabel D...

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