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STEEL LOS III v. POWER AUTH.

21 Misc.3d 707 (2008)

864 N.Y.S.2d 749

In the Matter of STEEL LOS III, LP, et al., Petitioners, v. POWER AUTHORITY OF THE STATE OF NEW YORK, Respondent.

Supreme Court, Nassau County.

September 15, 2008.

Attorney(s) appearing for the Case

Forchelli, Curto, Crowe, Deegan, Schwartz, Mineo & Cohn, LLP, Mineola (Donald Jay Schwartz of counsel), and Kasowitz, Benson, Torres & Friedman, LLP, New York City (David E. Ross of counsel), for petitioners.

Rivkin Radler, LLP, Uniondale (Evan H. Krinick of counsel), and Bond, Schoeneck & King, PLLC, Albany (Franklin Breselor of counsel), for respondent.

OPINION OF THE COURT

THOMAS P. PHELAN, J.

In this special proceeding challenging the condemnation of certain property, petitioners seek judgment declaring that (i) the condemnation was unauthorized or excessive or both; (ii) the condemnation is null and void; and (iii) the condemnation is invalid because the Eminent Domain Procedure Law is unconstitutional on its face and, alternatively, because respondent's application of EDPL 206 to petitioners unconstitutionally...

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