General
In the Matter of the Town of Hempstead, Appellant-Respondent, Relative to Acquiring Title to Real Properties for Beach Protection and Park Purposes at Point Lookout on the Atlantic Ocean in the Town of Hempstead, Nassau County. Leonard Little et al., Respondents-Appellants; Estate of Lea Solomon, Deceased, Respondent
2 A.D.2d 864·New York Supreme Court, Appellate Division·1956·NY
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Opinion
In the Matter of the Town of Hempstead, Appellant-Respondent, Relative to Acquiring Title to Real Properties for Beach Protection and Park Purposes at Point Lookout on the Atlantic Ocean in the Town of Hempstead, Nassau County. Leonard Little et al., Respondents-Appellants; Estate of Lea Solomon, Deceased, Respondent.
[MAJORITY]
In a proceeding to condemn real property, the Town of Hempstead appeals from a final order insofar as said order affects damage parcels 1, 4, 5, 6 and 7. The owners of damage parcels 1, 4, 5 and 7 also appeal from said order insofar as it affects their respective parcels. Order insofar as it affects damage parcels 1, 4, 5 and 7 unanimously affirmed, without costs. No opinion. Appeal insofar as it affects damage parcel 6 held in abeyance pending the appointment of the legal representative of the claimant-respondent. The court is without jurisdiction to make a determination until the appointment of such a representative. (Caldwell v. Nicolson, 235 N. Y. 209; Bronheim v. Kelleher, 258 App. Div. 972; Matter of Heos v. McCloskey, 278 App. Div. 768.) Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ. [208 Misc. 84.]