Appellate Division of the Supreme Court of the State of New York November 23, 1970, Claim No. 47204 (Town of Peru v. State)

*876Reynolds, J. P., Staley, Jr., Greenblott and Sweeney, JJ., concur; Cooke, J., concurs in the following memorandum : I concur in the result. (See General Municipal Law, § 3; Central School Dist. No. 1 of Town of Colchester v. State of New York, 18 A D 2d 943, affd. 13 N Y 2d 1031.) The taking was for a substantially different purpose from the existing use. [59 Misc 2d 49.]