in re the Acquisition of Real Property by the Town of Glenville

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Lynch, J.), entered May 31, 1988 in Schenectady County, which, in a proceeding pursuant to EDPL article 5, determined the compensation due claimants as a result of petitioner’s acquisition of real property.

Desiring to construct a biking and hiking trail, petitioner appropriated a parcel of land owned by Niagara Mohawk Power Corporation and subject to claimants’ right to remove sand, gravel and topsoil therefrom. After petitioner served its notice of acquisition, claimants sought damages arising from the appropriation under EDPL 503.