Belle Ayre Conservation Co. v. State — 246 N.Y. 593

Majority

p. 593

Belle Ayre Conservation Company, Appellant, v. The State of New York, Respondent.

Headnote

Title — real property — title to lands appropriated by State for park purposes at time of appropriation.

Belle Ayre Conservation Co. v. State of New York, 214 App. Div-127, affirmed.

(Submitted October 18, 1927;

decided November 22, 1927.)

Appeal from a judgment, entered September 29, 1925, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment of the Court of Claims in favor of plaintiff entered upon the report of a referee and directing a

p. 594

dismissal of the claim. The State appropriated certain lots of land in Ulster county for park purposes under the provisions of chapter 451 of the Laws of 1916 and of chapter 146 of the Laws of 1917. The question was whether title to said lots at the time of their appropriation was in the claimant or in the State.

Lewis E. Carr and J. Sheldon Frost for appellant.

Albert Ottinger, Attorney-General (A. C. Taylor of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.