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Matter of Zutt v State of New York

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Matter of William A. Zutt res, v State of New York, ap

APPEAL by the State of New York, in a hybrid proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Transportation dated June 15, 2010, to acquire, by eminent domain, a drainage easement across property owned by the petitioners/plaintiffs and action, inter alia, for declaratory and permanent injunctive relief, from an order and judgment (one paper) of the Supreme Court (Francis A. Nicolai, J.), dated September 27, 2010, and entered in Putnam County, which, in effect, granted the petition, annulled the determination, and awarded summary judgment to the petitioners/plaintiffs on the cause of action to permanently enjoin it from acquiring the subject drainage easement by eminent domain.

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