MATTER OF TRUETT v. ONEIDA COUNTY

1042 OP 21-00853.

200 A.D.3d 1721 (2021)

155 N.Y.S.3d 913

2021 NY Slip Op 07429

In the Matter of Brett B. Truett et al., Petitioners, v. Oneida County, Respondent.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

McPHILLIPS, FITZGERALD & CULLUM, LLP, GLENS FALLS ( DENNIS J. PHILLIPS , OF COUNSEL), FOR Petitioners.

WHITEMAN OSTERMAN & HANNA, LLP, ALBANY ( CHRISTOPHER M. McDONALD , OF COUNSEL), FOR Respondent.

Present—Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.


It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioners commenced this original proceeding pursuant to EDPL 207 seeking to annul the determination of respondent to condemn certain real properties by eminent domain for the construction of a public parking facility in the City of Utica, Oneida County. Pursuant to EDPL 207(C), this Court "shall either confirm or reject the condemnor's determination...

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