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DiCANIO v. VIL OF NISSEQUOGUE

189 A.D.2d 223 (1993)

Vincent DiCanio, Respondent, v. Incorporated Village of Nissequogue, Appellant, and Town of Smithtown et al., Respondents

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

April 5, 1993

Attorney(s) appearing for the Case

Cahn Wishod Wishod & Lamb, Melville (Eugene R. Barnosky and Scott M. Karson of counsel), for appellant.

Esseks, Hefter & Angel, Riverhead (William W. Esseks and William Power Maloney of counsel), for Vincent DiCanio, respondent.

John B. Zollo, Town Attorney of Town of Smithtown (Alan L. Baum and Peter D. Johnson of counsel), for Town of Smithtown, respondent.

Robert Abrams, Attorney-General, New York City (Gregory J. Nolan of counsel), for State of New York, respondent.

THOMPSON, J. P., SULLIVAN and MILLER, JJ., concur.

SANTUCCI, J.

Presented for our adjudication are competing claims of title to the bed of the Nissequogue River, a large navigable waterway in northwestern Suffolk County. The narrow question on appeal is whether title to the riverbed is vested in the Town of Smithtown, by virtue of letters patent issued in 1963 by the State of New York, which itself had derived title...

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