MAYO v. STATE OF NEW YORK


135 A.D.2d 1104 (1987)

Joseph Mayo et al., Appellants, v. State of New York, Respondent. (Claim No. 68050.)

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

December 18, 1987


Appeal unanimously dismissed without costs.

Memorandum:

In 1981, the State appropriated 36.129 acres of land belonging to claimants for purposes of highway construction. A hearing was held in the Court of Claims, at which claimants and the State submitted evidence of damages as a result of the appropriation. After hearing the evidence, the court made preliminary findings of fact, which rejected the claims of both claimants concerning the highest and best use...

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