Bistrian v. Lester

Appellate Division of the Supreme Court of New York

Bistrian v. Lester

41 A.D.2d 853, 343 N.Y.S.2d 576, 1973 N.Y. App. Div. LEXIS 4608

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

DecidedApril 30, 1973

StatusPublished

This text of 41 A.D.2d 853 (Bistrian v. Lester) 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

Bistrian v. Lester, 41 A.D.2d 853, 343 N.Y.S.2d 576, 1973 N.Y. App. Div. LEXIS 4608 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to compel issuance of building permits, etc., the appeal is from an order of the Supreme' Court, Suffolk County, dated November 28, 1972, which denied appellants’ motion to dismiss the petition and granted petitioner’s motion to enjoin appellants from proceeding to condemn petitioner’s property, pending determination of this proceeding. As to those portions of the order which are not appealable as of right, permission to appeal therefrom is hereby granted by Mr. Justice Benjamin (see CPLR 5701, subds. [b], [c]). Order modified by striking therefrom the provision which granted petitioner’s motion for a preliminary injunction and by substituting therefor a provision denying said motion. As so modified, order affirmed, without costs. In our opinion, under the circumstances herein, Special Term acted improvidently in staying a governmental agency from condemning property for a valid purpose. Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to compel issuance of building permits, etc., the appeal is from an order of the Supreme' Court, Suffolk County, dated November 28, 1972, which denied appellants’ motion to dismiss the petition and granted petitioner’s motion to enjoin appellants from proceeding to condemn petitioner’s property, pending determination of this proceeding. As to those portions of the order which are not appealable as of right, permission to appeal therefrom is hereby granted by Mr. Justice Benjamin (see CPLR 5701, subds. [b], [c]). Order modified by striking therefrom the provision which granted petitioner’s motion for a preliminary injunction and by substituting therefor a provision denying said motion. As so modified, order affirmed, without costs. In our opinion, under the circumstances herein, Special Term acted improvidently in staying a governmental agency from condemning property for a valid purpose. Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 853, 343 N.Y.S.2d 576, 1973 N.Y. App. Div. LEXIS 4608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bistrian-v-lester-nyappdiv-1973.