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MATTER OF BRADY v. GENESEE & WYOMING R.R. CO.

225 A.D.2d 1024 (1996)

639 N.Y.S.2d 874

In the Matter of Myron O. Brady, Sr., et al., Petitioners, v. Genesee and Wyoming Railroad Company, Respondent

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

March 8, 1996

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We reject petitioners' contention that the land condemned by respondent, The Genesee and Wyoming Railroad Company (Railroad), for the construction of a railroad spur to the proposed new Akzo Nobel salt mine in the Hampton Corners area will not serve a public use, benefit or purpose (see generally, Clarke v Blackmar, 47 N.Y. 150, 156-157; Stanley v Jay St...

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