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IN THE MATTER OF STEEL LOS III LP v. POWER AUTH. OF THE STATE OF NEW YORK

5662/05.

2008 NY Slip Op 28367

IN THE MATTER OF STEEL LOS III, LP and ASSOCIATED BROOK CORP., Petitioners, v. POWER AUTHORITY OF STATE OF NEW YORK, Respondent.

Supreme Court of the State of New York, Nassau County.

Decided September 15, 2008.

Attorney(s) appearing for the Case

Donald Jay Schwartz, Esq., Forchelli, Curto, Schwartz, et al., Mineola, NY, Co-Counsel for Petitioners.

David E. Ross, Esq.,

Kasowitz, Benson, Torres & Friedman, LLP, New York, NY, Co-Counsel for Petitioners.

Evan H. Krinick, Esq., Rivkin Radler, LLP, Uniondale, NY, Attorneys for Respondent.

Franklin Breselor, Esq., Bond, Schoeneck & King, PLLC, Albany, NY, Attorneys for Respondent.

THOMAS P. PHELAN, J.

In this special proceeding challenging the condemnation of certain property, petitioners seek judgment declaring that (I) the condemnation was unauthorized or excessive or both; (ii) the condemnation is null and void; and (iii) the condemnation is invalid because Eminent Domain Procedure Law (EDPL) is unconstitutional on its face and, alternatively, because respondent's application of EDPL 206 to petitioners unconstitutionally deprived petitioners...

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