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MATTER OF BYRNE v. NEW YORK STATE OFFICE OF PARKS

101 A.D.2d 701 (1984)

In the Matter of John M. Byrne, Jr., as President and on Behalf of Pine Grove Beach Association, et al., Petitioners, v. New York State Office of Parks, Recreation & Historic Preservation et al., Respondents

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

April 12, 1984

Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

The record establishes that the proposed acquisition of certain real property in Oswego County for development of a safe boat refuge at Port Ontario will serve a "public use, benefit or purpose" (EDPL 204, subd [B], par [1]). While it is true that Federal funding has not yet been appropriated for the project, which is to be funded...

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