Commissioner of Transportation v. Sunny Lumber Supply NY, Inc.

OPINION OF THE COURT

Reginald A. Boddie, J.

After oral argument, respondent’s motion is decided as follows:

Petitioner, State of New York, commenced this proceeding by filing a holdover notice of petition and petition seeking possession of the property located at 26 Cherry Street, Brooklyn, New York, as condemnor to evict the present respondent occupant, Sunny Lumber Supply NY, Inc., described herein as condemneeoccupant, on the ground that petitioner is the rightful owner of the property under eminent domain law, having acquired such under section 30 of the Highway Law and section 402 of the…