Ordered that the order is affirmed, with costs.
The Supreme Court properly found that the placement of side fill on a portion of the plaintiffs' property to support the elevated grade of the abutting street did not effect a "taking" requiring the payment of "just compensation" (see, US Const 5th, 14th Amends; NY Const, art I, § 7 [a]). Contrary to the plaintiffs' contention, the placement of the fill did not constitute a "permanent physical occupation...
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