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In re Ford

22 N.Y.2d 834 Court N.Y. Decision date 1968-07-01 English

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p. 834
In the Matter of Arthur C. Ford et al., Constituting the Board of Water Supply of the City of New York, Relative to Acquiring Title to Real Property for the City of New York in the County of Delaware. First National Bank of Downsville, Appellant; Board of Water Supply of the City of New York, Respondent. In the Matter of Arthur C. Ford et al., Constituting the Board of Water Supply of the City of New York, Relative to Acquiring Title to Real Property for the City of New York in the County of Delaware. Joseph Siska et al., Appellants; City of New York, Respondent.
Argued May 14, 1968;
decided July 1, 1968.
p. 836
Francis R. Paternoster for appellant in the first above-entitled proceeding.
John T. DeGraff, Herman E. Gottfried and Margrethe R. Powers for appellants in the second above-entitled proceeding.
J. Lee Rankin, Corporation Counsel (William J. Callahan, Stanley Buchsbaum and Theodore R. Lee of counsel), for respondent in the first above-entitled proceeding.
J. Lee Rankin, Corporation Counsel (Paul L. Owens, Stanley Buchsbaum and Theodore R. Lee of counsel), for respondent in the second above-entitled proceeding.
Warren M. Anderson, Clayton M. Axtell, Jr., and N. Theodore Sommer for Farmers National Bank of Deposit, amicus curiæ, in the first above-entitled proceeding.

In the first proceeding: Order affirmed, without costs, on the opinion at the Appellate Division.

In the second proceeding: Order affirmed, without costs, in the following memorandum: The principles laid down in Matter of

p. 837
Huie (Fletcher) ( 2 N Y 2d 168 ) with regard to the scope of judicial review of awards in Water Supply Act proceedings are no longer fully viable. The Appellate Division now has the power to modify an award as well as confirm or reject it. Thus, the court may re-evaluate the record and make its own findings. Since the new facts found by the Appellate Division are in accord with the weight of the credible evidence, the order appealed from should be affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Keating, Bbeitel and Jasen.

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