LOS III, LP v. POWER AUTHORITY OF STATE OF NEW YORK


33 A.D.3d 990 (2006)

823 N.Y.S.2d 490

STEEL LOS III, LP, et al., Appellants, v. POWER AUTHORITY OF STATE OF NEW YORK, Respondent.

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

Decided October 31, 2006.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits, and further proceedings in accordance herewith.

Generally, before a condemnor may acquire property, it must first obtain a determination, made pursuant to EDPL 204, that the proposed condemnation has an appropriate public purpose and, to that end, it must give notice and hold a public hearing...

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