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In re Town of Islip Community Dev. Agency

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 521 (N.Y. App. Div. 2000)

Opinion

Submitted January 13, 2000.

July 24, 2000.

In a proceeding pursuant to EDPL article 4, the appeals are from an order of the Supreme Court, Suffolk County (Werner, J.), entered November 25, 1998, which granted the petition of the Town of Islip Community Development Agency for vesting power in the subject properties.

Grace Kline, Brentwood, N.Y., and Andy Vilk, Bay Shore, N.Y., appellants pro se (one brief filed).

Sinnreich Wasserman Grubin, LLP, New York, N.Y. (Anthony Galano III of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL W. JOY, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Town of Islip Community Development Agency fully complied with the notice provisions of EDPL 402(B). Moreover, the record reveals that the appellants had actual notice of the condemnation proceeding since they filed claims pursuant to EDPL 503 for the purported value of their respective properties prior to the date of the vesting order.

The contentions of the appellant Grace Kline with respect to the hearing held on her motion to vacate the vesting order are not properly raised on this appeal since she did not appeal from the order denying that motion (see, Grober v. Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552; Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741).

The appellants' remaining contentions are without merit.


Summaries of

In re Town of Islip Community Dev. Agency

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 521 (N.Y. App. Div. 2000)
Case details for

In re Town of Islip Community Dev. Agency

Case Details

Full title:IN THE MATTER OF TOWN OF ISLIP COMMUNITY DEVELOPMENT AGENCY, RESPONDENT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 24, 2000

Citations

274 A.D.2d 521 (N.Y. App. Div. 2000)
712 N.Y.S.2d 385