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STATE OF NEW YORKD'
.
COUNTY OF TOM.PKINS9 TOWN OF ITHACA.
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In the Matter
waf-
Before the
_
Town Board
the Proposed Opening and Laying Out
of the
and -Construction of Tennessee Averiae
Town of Ithaca;®
the'Town Board of the -Town -of
I= across -the--Track and Right -of -
Way of the Railroad Leased and- Operated
bar The Delawares La-clmwanna and
Western Railroad Company„
-------_--------------------------=---=---g
PLEASE TAKE NOTICE that the above named The Delawares
Lackamnna and Western Railroad Company hereby appeals to the
Appellate Division of the Supreme Court of the State of New
Yorks 'Third Departments from the decision of the Town Board
of the Town of Ithaca made -and onta.reri 11sf__¢�1c_rncsnr_rlct of e�i_d Board -on the 29th day of December¢; 19asil in the above
entitled proceeding determining that said Town Board take over
and declare Tennessee Avenue on the Ithaca Land Company Trait
as shown on a map of said tract filed in Tompkins County
Clerk's Office July 12the: 1895; a town road and public
highway-:_ 50 feet in width,, for all that portion of the said
avenue which extends in a general easterly direction from
its intersection with Lackawanna. Avenue across said The
Delawares Iackawanm and Western Railroad Company's right=of
way.to.the intersection of said Tennessee Avenue with
Indiana Avenues and determining that said avenue crossing
-the tracks of said railroads: is necessary.$. and that applica
tion be pade to the Public Service Commission of the State
of New York to 'determine whether saidavenue shall pass over
or under such
railroad or at
grades.
414 from
each and
every part of
said decision
as well
as from
the whole
-2
"4
,hereof.
)ated. January 13:th, 1925.
Yours, etc.;
Stanchfield, Collin, -Lovell & Say let; �
Attorneys. 1or- The, Deladvare, Eackaw9nna.
and Westeim, Ba.ilroa& Company,bppellant,
415 East Water Street,
Elmira, Td. Y.
The Town Board of the Town of Ithaca,
The Town Clerk of the Town of Ithaca,
The .County -'Clerk of. -Tompkins County,
bertha App-ga
Julius Victoria,
Cobb."and Cobb; Esgs�..,
Attorneys for .-Bertha Apgar
and Julius Victoria.*
ftat.e .of Attu'gort" -
55..
�01Y1�1� A�
being duly sworn,
deposes and says that lie is
in this action ; that he Al
has read the foregoing and knows
the contents thereof; , that the same is true to the knowledge of deponent, except as to the
matters therein stated to be alleged on information and belief, and as to those matters he
believes it to be true.
------------------------------------ - -- ---------------
Sworn to before me, this )
day of
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