Misc.2d 847, 283 N.Y.S.2d 615, 621 (N.Y.Ct.Cl.1967). In Hawkins, the plaintiff claimed that the deed for the property conveyed to him included waters of the East Bay (which is part of the navigable waters of Lake Ontario). The court held that the deed: while 'strong evidence ... cannot serve to establish title against the State, absent a showing that the State has ever relinquished, alienated or transferred its sovereign right of ownership by express grant ...; nor may claimants found a title by adverse possession under claim of title based on the [ ] deed for to do so would deprive the State of its inalienable sovereign power, the existence of which may not be doubted.” Id.; see also City of New York v. Sarnelli Bros., Inc., 280 A.D.2d 573, 574, 720 N.Y.S.2d 555, 556 (2d Dep’t.2001) (<HOLDING>); Gunn v. Bergquist, 201 Misc. 992, 108
holding that a municipality may only be held liable under  1983 for a policy practice or custom holding that tidal lands  which the town holds in a governmental capacity may not be alienated and hence may not be the subject of acquisition by adverse possession holding that a municipality may be held liable as a person under  1983 holding that lands held by a municipality in its governmental capacity may not be lost by adverse possession holding that municipality may not be held liable under  1983 upon theory of respondeat superior