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MATTER ARTHUR C. FORD ET AL. (07/01/68)

COURT OF APPEALS OF NEW YORK


decided: July 1, 1968.

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

Matter of Ford( First Nat. Bank of Downsville), Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 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 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.

19680701

© 1998 VersusLaw Inc.



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