County of Suffolk v. Pinelawn Cemetery

In a condemnation proceeding pursuant to EDPL 402 for an order authorizing the filing of an acquisition map, the County of Suffolk appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated December 17, 1985, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner seeks to acquire a strip of the respondent’s land totaling approximately one-half acre in area for the purpose of widening County Road 28. Although lands devoted to cemetery purposes such as the-respondent’s (see, Pinelawn Cemetery v Cesare, 64 AD2d 607) are not…