Rockland County Sewer District No. 1 v. J. & J. Dodge, Inc.
Opinion of the Court
—In a condemnation proceeding pursuant to EDPL article 4, J. & J. Dodge, Inc. appeals (1) as limited by its brief, from stated portions of an order of the Supreme Court, Rockland County (Miller, J.), dated July 1, 1994, which, inter alia, granted the condemnor’s application without a hearing, and (2) from an order of the same court, dated August 9, 1994, which, inter alia, denied its motion for a stay pending appeal.
Ordered that the appeal from the order dated August 9, 1994, is dismissed as abandoned; and it is further,
Ordered that the order dated July 1, 1994, is affirmed insofar as appealed from; and it is further,
Ordered that the petitioner is awarded one bill of costs.
Furthermore, EDPL 206 (D) exempts a condemnor from compliance with the hearing provisions of article 2, inter alia, "when in the opinion of the condemnor the acquisition is de minimis in nature so that the public interest will not be prejudiced by the construction of the project”. Here, the land was not being used for commercial purposes. Nor was any evidence submitted of current plans for its development. Moreover, the easement does not require removal of any structures. That it might, at some point in the future, be developed for commercial purposes, does not cause the easement to "interfere with current land use” (Matter of Matteson v County of Herkimer, 94 AD2d 950). Thus, the proposed taking was properly deemed de minimis (see, Matter of Anderson v National Fuel Gas Supply Corp., 105 AD2d 1097; Town of Coxsackie v Dernier, 105 AD2d 966, 967; Matter of Matteson v County of Herkimer, supra; Matter of American Tel. & Tel. v Salesian Socy., 77 AD2d 706, 707; cf., Matter of Marshall v Town of Pittsford, 105 AD2d 1140).
We have considered the appellant’s remaining contentions and find them to be without merit. Thompson, J. P., Sullivan, O’Brien and Ritter, JJ., concur. [See, 213 AD2d —, Mar. 6, 1995.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.