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City of Albany v. McMorran

16 A.D.2d 708 Court N.Y. App. Div. Decision date 1962-04-06 English

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Majority

p. 708
(A) In the Matter of the City of Albany, Petitioner, v. J. Burch McMorran, as Superintendent of the New York State Department of Public Works, Respondent. (B) City of Albany, Plaintiff, v. J. Burch McMorran, Individually and as Superintendent of the New York State Department of Public Works, and the People of the State of New York, Defendants.

— In each case, stay modified to the extent only as not to interfere, until the matter is heard at -Special Term, with the surveys of the land or the present occupation thereof by the respondents as an office for the giving of information concerning the condemnation. This modification is not an indication to the Special Term that different, or any, injunctive relief should be granted or denied when heard upon the merits. Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.