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  5. 74 N.Y.2d 718 (1989)
 

MATTER OF WALDO'S, INC. v. VILL. OF JOHNSON CITY

74 N.Y.2d 718 (1989)

In the Matter of Waldo's, Inc., Appellant, v. Village of Johnson City, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1989.

Attorney(s) appearing for the Case

William L. Allen, Jr., and John R. Varney for appellant.

Gerald J. Blasi for respondent.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Peter G. Crary of counsel), for New York State Department of Transportation and another, amici curiae.

George A. O'Hanlon, Village Attorney, for Village of Port Chester, amicus curiae.

Linda S. Kingsley for New York State Conference of Mayors and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Petitioner brought this proceeding directly in the Appellate Division, pursuant to EDPL article 2, to challenge the taking of a parcel of its real property located along Harry L. Drive in the Village of Johnson City in Broome County. The condemnation was made by respondent in connection with its proposed construction of a four-way intersection...

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