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O'BRIEN v. TOWN OF HUNTINGTON

Nos. 2006-11982, 2006-11983, 2007-00034, 2007-05312.

66 A.D.3d 160 (2009)

884 N.Y.S.2d 446

THOMAS E. O'BRIEN et al., Respondents, v. TOWN OF HUNTINGTON et al., Appellants.

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

Decided August 11, 2009.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P.C., Garden City (Peter Sullivan, Todd Steckler and Robert Carruba of counsel), for appellants.

Edward J. Ledogar, West Islip, for Estate of Gladys T. Russell and others, respondents.

Esseks, Hefter & Angel, LLP, Riverhead (Theodore D. Sklar and Anthony C. Paska of counsel), for J.P. Morgan Chase Bank, N.A. and others, respondents.

MASTRO, J.P., RIVERA, FISHER and SANTUCCI, JJ., concur.

OPINION OF THE COURT

SANTUCCI, J.

On this appeal we consider conflicting claims to an area of vacant property within the defendant Town of Huntington which the Town claims as parkland, but which is also alleged to be owned by the various plaintiffs in individual parcels within the subject area. The Town's claims are essentially premised upon its sovereign rights as successor to title to the property, which...

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