MATTER OF TOWN OF N. HEMPSTEAD (ROSLYN W. SHORE RD.)


70 Misc.2d 350 (1972)

In the Matter of the Town of North Hempstead, Relative to Acquiring Title to Real Property for Public Purposes Situate on the Easterly Side of Roslyn West Shore Road, Roslyn, Town of North Hempstead.

Supreme Court, Special Term, Nassau County.

June 20, 1972


Attorney(s) appearing for the Case

Francis F. Doran for petitioner. Leon Malman for claimant.


HOWARD T. HOGAN, J.

In this eminent domain proceeding, the claimant seeks an order pursuant to chapter 1161 of the Laws of 1971 directing the petitioner, Town of North Hempstead, to pay to it, as an advance payment, the full amount determined by the town to be the value of the property condemned. The amount so determined by the condemnor and set forth in its approved appraisal is $188,500.

Despite the clear and unequivocal statutory mandate, the...

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