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TIORONDA, LLC. v. NEW YORK

No. 04 CIV. 7357(SCR).

386 F.Supp.2d 342 (2005)

TIORONDA, LLC., Plaintiff v. State of NEW YORK, George E. Pataki, in his official capacity as Governor of the State of New York, Joseph H. Boardman, in his official capacity as the Commissioner of the Department of Transportation of the State of New York, Defendants.

United States District Court, S.D. New York.

June 2, 2005.

Attorney(s) appearing for the Case

Joshua A. Sabo, Cohen, Dax & Koenig, P.C., Albany, NY, for Plaintiff.

Clement John Colucci, III, New York State Department of Law, New York City, for Defendants.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

This case presents the question of whether the abbreviated procedure by which New York law permits the State of New York to take private property comports with constitutional due process requirements. After considering, and ultimately rejecting, Plaintiff's claims to be entitled to additional opportunities to be heard not now guaranteed by New York's Eminent Domain Procedure Law, the court finds that...

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