Summary
In City of Niagara Falls v. New York Cent. R.R. Co. (31 A.D.2d 780) we stated that in a condemnation proceeding, as distinguished from an appropriation case, the power of the court to review is strictly limited.
Summary of this case from Niagara Falls Urban Renewal v. HarkinsOpinion
January 16, 1969
Appeal from the Niagara County Court.
Present — Bastow, P.J., Goldman, Del Vecchio, Witmer and Henry, JJ.
Order unanimously affirmed without costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation case, the power of the court to review the award of the Commissioners is strictly limited. ( Matter of Huie, 2 N.Y.2d 168. ) We find no irregularities in the proceeding, the award is not based on an erroneous principle of law and it does not shock the sense of justice or conscience of the court.