Green v. Oneida-Madison Electric Cooperative, Inc.

Appellate Division of the Supreme Court of New York

Green v. Oneida-Madison Electric Cooperative, Inc.

139 A.D.2d 964, 527 N.Y.S.2d 1017, 1988 N.Y. App. Div. LEXIS 4110

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

DecidedApril 8, 1988

StatusPublished

This text of 139 A.D.2d 964 (Green v. Oneida-Madison Electric Cooperative, Inc.) 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

Green v. Oneida-Madison Electric Cooperative, Inc., 139 A.D.2d 964, 527 N.Y.S.2d 1017, 1988 N.Y. App. Div. LEXIS 4110 (N.Y. Ct. App. 1988).

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Opinion

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding, pursuant to EDPL 207, seeks to annul respondent’s determination to acquire approximately 1 acre of petitioner’s 394-acre farm for construction of a utility substation. The record provides an adequate basis for the determination that the condemnation would serve the public purpose (see, Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400, 425; Yonkers Community Dev. Agency v Morris, 37 NY2d 478, 483-486, appeal dismissed 423 US 1010) and would have no adverse impact on the environment (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551, 552). We also conclude that respondent’s determination and findings were made in accordance with the procedures set forth in EDPL article 2 (see, Sandpiper Constr. Co. v Siegel, 97 AD2d 539, lv denied 61 NY2d 608; First Broadcasting Corp. v City of Syracuse, 78 AD2d 490, 496-497). We have considered the remaining claims raised and find each one lacking in merit. (EDPL 207.) Present —Doerr, J. P., Boomer, Green, Pine and Balio, JJ.

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— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding, pursuant to EDPL 207, seeks to annul respondent’s determination to acquire approximately 1 acre of petitioner’s 394-acre farm for construction of a utility substation. The record provides an adequate basis for the determination that the condemnation would serve the public purpose (see, Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400, 425; Yonkers Community Dev. Agency v Morris, 37 NY2d 478, 483-486, appeal dismissed 423 US 1010) and would have no adverse impact on the environment (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551, 552). We also conclude that respondent’s determination and findings were made in accordance with the procedures set forth in EDPL article 2 (see, Sandpiper Constr. Co. v Siegel, 97 AD2d 539, lv denied 61 NY2d 608; First Broadcasting Corp. v City of Syracuse, 78 AD2d 490, 496-497). We have considered the remaining claims raised and find each one lacking in merit. (EDPL 207.) Present —Doerr, J. P., Boomer, Green, Pine and Balio, JJ.

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Bluebook (online)

139 A.D.2d 964, 527 N.Y.S.2d 1017, 1988 N.Y. App. Div. LEXIS 4110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-oneida-madison-electric-cooperative-inc-nyappdiv-1988.

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