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IN THE MATTER OF McCARTHY v. TOWN OF SMITHTOWN

19 A.D.3d 695 (2005)

797 N.Y.S.2d 555

In the Matter of MAUREEN McCARTHY et al., Petitioners, v. TOWN OF SMITHTOWN, Respondent.

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

June 27, 2005.

Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

The petitioners Maureen McCarthy, Elena Eritta, and Constance Gilman (hereinafter the individual petitioners) lack standing to bring this proceeding pursuant to the Eminent Domain Procedure Law (hereinafter EDPL). The individual petitioners, as noncondemnees, are entitled under EDPL 207 only to a properly-conducted hearing held on proper notice. Such...

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