Opinion
Argued May 14, 1968
Decided July 1, 1968
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH P. MOLINARI, J., DANIEL J. McAVOY, J.
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 curiae, 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 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, BERGAN, KEATING, BREITEL and JASEN.