78th Street Ass'n v. City of New York

Appellate Division of the Supreme Court of New York

78th Street Ass'n v. City of New York

33 A.D.2d 545, 304 N.Y.S.2d 429, 1969 N.Y. App. Div. LEXIS 3144

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 16, 1969

StatusPublished

This text of 33 A.D.2d 545 (78th Street Ass'n v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

78th Street Ass'n v. City of New York, 33 A.D.2d 545, 304 N.Y.S.2d 429, 1969 N.Y. App. Div. LEXIS 3144 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered March 18, 1969, directing a trial in an article 78 proceeding, unanimously reversed, on the law, stay vacated and petition dismissed, with $30 costs and disbursements to appellants. The determination of the New York City Transit Authority has a rational basis, is neither arbitrary nor capricious, and was made in compliance with section 228 of the City Charter. Subdivision f of section 227 of the Charter excepts this project from the jurisdiction of the Site Selection Board since the city had title to the bed of Bast 78th Street. Concur — Stevens, P. J., Tilzer, Markewieh, Nunez and McNally, JJ.

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Order entered March 18, 1969, directing a trial in an article 78 proceeding, unanimously reversed, on the law, stay vacated and petition dismissed, with $30 costs and disbursements to appellants. The determination of the New York City Transit Authority has a rational basis, is neither arbitrary nor capricious, and was made in compliance with section 228 of the City Charter. Subdivision f of section 227 of the Charter excepts this project from the jurisdiction of the Site Selection Board since the city had title to the bed of Bast 78th Street. Concur — Stevens, P. J., Tilzer, Markewieh, Nunez and McNally, JJ.

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Bluebook (online)

33 A.D.2d 545, 304 N.Y.S.2d 429, 1969 N.Y. App. Div. LEXIS 3144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/78th-street-assn-v-city-of-new-york-nyappdiv-1969.