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MATTER OF COUNTY OF SUFFOLK v. PINELAWN CEMETERY

130 A.D.2d 575 (1987)

In the Matter of County of Suffolk, Appellant, v. Pinelawn Cemetery, Respondent

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

May 11, 1987

Ordered that the judgment is affirmed, with costs.

The petitioner seeks to acquire a strip of the respondent's land totaling approximately one-half acre in area for the purpose of widening County Road 28. Although lands devoted to cemetery purposes such as the respondent's (see, Pinelawn Cemetery v Cesare, 64 A.D.2d 607) are not entirely "beyond the reach of the power of eminent domain" (Matter of Board of St. Opening...

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