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FRIENDS OF THAYER v. BROWN

518309.

126 A.D.3d 22 (2015)

1 N.Y.S.3d 504

FRIENDS OF THAYER LAKE LLC et al., Appellants, v. PHIL BROWN et al., Respondents, et al., Defendant.

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

Decided January 15, 2015.

Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Cullum, LLP, Glens Falls ( Dennis J. Phillips of counsel), for appellants.

Caffry & Flower, Glens Falls ( John W. Caffry of counsel), for Phil Brown, respondent.

Eric T. Schneiderman , Attorney General, Albany ( Philip Bein of counsel), for State of New York and another, respondents.

PETERS, P.J., and LYNCH, J., concur with GARRY, J.; ROSE, J., dissents in a separate opinion in which LAHTINEN, J., concurs.

OPINION OF THE COURT

Plaintiffs are the collective owners of thousands of acres of real property in a remote area of the Adirondack Mountains in the Town of Long Lake, Hamilton County. The land was conveyed by defendant State of New York to Benjamin Brandreth in 1851 and, as pertinent here, has remained since then in the private...

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