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Within twenty days after the making, entry and service of the final decree, either party may appeal by notice, in writing, to the appellate division of the supreme court of the judicial department in which the real estate described in the petition and shown on the map is situated. Such appeal shall be heard, on due notice thereof being given, according to the rules and practice of such court, and pending such appeal the comptroller shall deposit in such trust company as the court shall direct, the amount of the award, with interest to the date of such deposit and the funds so deposited shall remain with the trust company, subject to the further order of the court. On the hearing of such appeal the court may direct a new trial by the supreme court and either party if aggrieved, may take a further appeal, which shall be heard and determined by the court of appeals. If the amount of compensation to be made by the city shall be increased at the second trial, the difference shall be paid by the comptroller to the parties entitled to the same, or shall be deposited, as the court may direct; and if the amount shall be diminished, the difference shall be refunded to the city by the trust company. The taking of an appeal by any person or persons, however, shall not operate to stay the proceedings under this subchapter, providing such award and interest have been deposited.
The comptroller, within four calendar months after the making and entry of the final decree, shall pay to the respective owners and bodies, politic or corporate, mentioned or referred to in such decree, in whose favor any sum or sums of money shall be determined, the respective sum or sums so determined in their favor respectively, with lawful interest thereon, from the date title to the real property vested. In case of neglect or default in the payment of the same within such time, the respective person or persons, or bodies, politic or corporate, in whose favor the same shall be so determined, his, her or their executors, administrators, legal representatives or successors, at any time or times, after application first made by him, her or them to the comptroller, for payment thereof, may sue for and recover the same, with such lawful interest and the costs of suit, in any proper form of action against the city in any court having cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this subchapter, for real estate taken or affected for the purposes herein mentioned. The final decree, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action, and entitle plaintiff to judgment therein.
a. Payment of the compensation awarded in the final decree to the person or persons, corporation, or body politic named therein, (if not infants or persons of unsound mind) shall, in the absence of notice to the city of other claimants to such award, protect the city.
b. Where, however, any such sum or sums, or compensation, determined in favor of any person or persons, or party or parties, whatsoever, whether or not named in such report, shall be paid to any person or persons, or party or parties, when the same shall of right belong and should have been paid to some other person or persons, or party or parties, it shall be lawful for the person or persons, or party or parties to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suits, as so much money had and received to his, her or their use, by the person or persons, party or parties respectively to whom the same shall have been so paid.
Whenever:
1. The owner or owners, person or persons interested in any real estate taken or affected in the proceedings, or in whose favor any such sum or sums or compensation shall have been determined, shall be under the age of twenty-one years, of unsound mind, or absent from the state of New York, or
2. The name or names of the owner or owners, person or persons interested in any such real estate shall not be set forth or mentioned in such final decree, or
3. Such owner or owners, person or persons, being named therein cannot, upon diligent inquiry, be found or
4. There are adverse or conflicting claims to the money awarded as compensation.
It shall be lawful for the city to pay the sum or sums determined to be payable to, or to which such owner or owners, person or persons, respectively, shall be entitled, with interest, thereon into such trust company as the court may direct. Such deposit shall be to the credit of such owner or owners, person or persons, and such payment shall be as valid and effectual, in all respects, as if made directly to the owner or owners, person or persons interested therein, respectively, according to their just rights.
The supreme court of the judicial district in which the real estate is situated shall have power at any time to correct any defect or informality in any of the special proceedings authorized by this subchapter as may be necessary, or to cause other property to be included therein, and to direct such further notices to be given to any party in interest, as it deems proper. If, in any particular, it shall, at any time, be found necessary to amend any pleading or proceeding, or supply any defect therein, arising in the course of any special proceeding authorized by this subchapter, the same may be amended or supplied in such manner as shall be directed by the supreme court, which is hereby authorized to make such amendment or correction.
a. The commissioner shall be authorized and empowered, subject to the approval of the mayor, by purchase or condemnation, to acquire, real estate In or about the village of Brewster, In or about the town of Carmel, Within the Croton watershed in the county of Westchester, and Within the Esopus and Schoharie watersheds in the counties of Ulster, Delaware, Schoharie and Greene, as may be necessary:
1. To carry into effect any agreed plan for the disposal of the sewage Of the village of Brewster, Of one or more villages or sewer districts, in the town of Carmel, (and for such purpose, to construct, operate and maintain a sewage disposal plant, equipment and facilities, or the extension and improvement of existing plants, if any, therein), Within the Croton watershed in the county of Westchester and Within the Esopus and Schoharie watersheds in the counties of Ulster, Delaware, Schoharie and Greene, including any agreed plan for the collection thereof in such counties.
2. To improve and protect the water supply of the city therein, any special or general act to the contrary, notwithstanding.
b. The land which shall be required for the purpose of carrying out any such agreed plan and to protect and improve the water supply of the city within the enumerated localities, except the town of Carmel, shall be taken only with the consent and approval of the authorities thereof.
c. If the city shall have been unable to secure such approval of the municipal authorities of the village or the town board of the town in which the land to be acquired is located, where such real estate shall be located within the Esopus and Schoharie watersheds in the counties of Ulster, Delaware, Schoharie and Greene, and the plans for such operating systems and plants for the collection and disposal of sewage shall have been approved by the state department of health, the city acting by or through its commissioner of environmental protection, notwithstanding the provisions of any special or general act to the contrary, may present a petition to the supreme court in the county involved, stating the proposed location of such operating system or plant for the collection and disposal of sewage, that the plans therefor have been approved by the state department of health, that application for the location thereof in accordance with such plans has been made to the municipal authorities or town board having jurisdiction thereover and has been unreasonably denied, or withheld, and such other facts as the petitioner may deem pertinent, together with a prayer for an order authorizing the construction of such operating system or sewage disposal plant in accordance with such plans. Notice of the time and place of presentation of such petition shall be served on the necessary municipal authorities or town board having jurisdiction over such applications and on the state department of health, and posted in such village or town in at least ten conspicuous public places for a period of ten days prior to the hearing of such petition. Upon the presentation of such petition, the presiding justice shall hear the parties to such proceeding and also such other residents of the sewer district of the village or town as desire to be heard. If the justice presiding be satisfied that the municipal authorities of the village or the town board of the town have unreasonably withheld the approval of the location of such operating system or sewage disposal plant, the justice may, by order, grant the petition. Upon the entry of such order, the city may acquire, by purchase or condemnation, in the manner provided by law, such real estate, rights of way and easements to and into such real estate as may be necessary for the proper erection, construction and operation, of such operating system or sewage disposal plant, and may construct the same in accordance with the plans approved by the state department of health.
Subchapter 3-a: Water Supply
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