Argued April 2, 1962
Decided April 26, 1962
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD S. HELLER, J.
Louis J. Lefkowitz, Attorney-General ( Henderson G. Riggs and Paxton Blair of counsel), for appellant.
Louis Young and La Verne F. O'Dell for respondent.
Judgment affirmed, with costs. ( County of Broome v. McKune, 293 N.Y. 809.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to modify the judgment of the Court of Claims by reducing the amount thereof to $300, the undisputed value of the three parcels actually appropriated.