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MATTER OF VILLAGE OF SARANAC LAKE

512425.

93 A.D.3d 971 (2012)

939 N.Y.S.2d 654

2012 NY Slip Op 1712

In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Appellant; WAYNE BUJOLD et al., Respondents, et al., Respondents. (Proceeding No. 1.) (And Five Other Related Proceedings.) In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Appellant; JOHN S. BANTA et al., Respondents, et al., Respondents. (Proceeding No. 7.) In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Appellant; EDWARD J. DUCKETT, Respondent, et al., Respondents. (Proceeding No. 8.) In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Petitioner; KNABE HOUSE, LLC, et al., Respondents. (Proceeding No. 9.) In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Appellant; LAKESIDE HOUSE, INC., Respondent, et al., Respondents. (Proceeding No. 10.) In the Matter of the Acquisition of Real Property by the VILLAGE OF SARANAC LAKE, Appellant; JOSEPH E. FIORILE, Respondent, et al., Respondents. (Proceeding No. 11.)

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

Decided March 8, 2012.

MALONE JR., J.

In August 2005, petitioner commenced these eminent domain proceedings pursuant to EDPL article 4, seeking easements to access a sewer line running under respondents' respective properties along the shore of Lake Flower in the Village of Saranac Lake, Franklin County that had discharged raw sewage into the lake.1 By order to show cause, petitioner also sought immediate access to respondents' properties, alleging that financial...

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