MATTER OF COUNTY OF CORTLAND

512043.

90 A.D.3d 1277 (2011)

934 N.Y.S.2d 605

2011 NY Slip Op 9062

In the Matter of the Acquisition of Real Property by the COUNTY OF CORTLAND. COUNTY OF CORTLAND, Respondent; LISA K. MILLER et al., Appellants, et al., Respondents.

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

Decided December 15, 2011.


LAHTINEN, J.

The underlying facts are set forth more fully in our earlier decision dismissing petitioner's proceeding seeking to condemn a small section of real property owned by respondents Lisa K. Miller and Dean G. Miller (hereinafter collectively referred to as respondents) (72 A.D.3d 1436 [2010]). We dismissed the proceeding upon the ground that petitioner had improperly used Highway Law § 120 rather than the Eminent Domain...

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