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Green v. Oneida-Madison Electric Cooperative, Inc.

139 A.D.2d 964 Court N.Y. App. Div. Decision date 1988-04-08 English

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p. 964
Hugh Green, Petitioner, v Oneida-Madison Electric Cooperative, Inc., Respondent.

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding, pursuant to EDPL 207, seeks to annul respondent’s determination to acquire approximately 1 acre of petitioner’s 394-acre farm for construction of a utility substation. The record provides an adequate basis for the determination that the condemnation would serve the public purpose (see, Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400 , 425; Yonkers Community Dev. Agency v Morris, 37 NY2d 478 , 483-486, appeal dismissed 423 US 1010 ) and would have no adverse impact on the environment (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551 , 552). We also conclude that respondent’s determination and findings were made in accordance with the procedures set forth in EDPL article 2 (see, Sandpiper Constr. Co. v Siegel, 97 AD2d 539 , lv denied 61 NY2d 608 ; First Broadcasting Corp. v City of Syracuse, 78 AD2d 490 , 496-497). We have considered the remaining claims raised and find each one lacking in merit. (EDPL 207.) Present —Doerr, J. P., Boomer, Green, Pine and Balio, JJ.

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