In re the Relocation of South Oyster Bay Road

Appellate Division of the Supreme Court of New York

In re the Relocation of South Oyster Bay Road

277 A.D.2d 1142

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

DecidedDecember 18, 1950

StatusPublished

This text of 277 A.D.2d 1142 (In re the Relocation of South Oyster Bay Road) 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

In re the Relocation of South Oyster Bay Road, 277 A.D.2d 1142 (N.Y. Ct. App. 1950).

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Opinion

Appeal, pursuant to section 91 of the Railroad Law, from a decision by the Board of Supervisors of the County of Nassau, by its Resolution No. 305, 1950, after hearings duly had pursuant to section 90 of the Railroad Law, that public necessity requires the relocation of South Oyster Bay Road, at Bethpage, Town of Oyster Bay, with a crossing of the relocated highway over the railroad of the Long Island Rail Road Company. That decision and resolution are unanimously confirmed, with $50 costs and disbursements to respondents. In our opinion the evidence introduced at the hearings before the Board of Supervisors justified the conclusion by that board that the relocation of the highway and railroad crossing was necessary in the national defense, the public interest and the interest of the community, and that such necessity clearly appears from the evidence there adduced. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Appeal, pursuant to section 91 of the Railroad Law, from a decision by the Board of Supervisors of the County of Nassau, by its Resolution No. 305, 1950, after hearings duly had pursuant to section 90 of the Railroad Law, that public necessity requires the relocation of South Oyster Bay Road, at Bethpage, Town of Oyster Bay, with a crossing of the relocated highway over the railroad of the Long Island Rail Road Company. That decision and resolution are unanimously confirmed, with $50 costs and disbursements to respondents. In our opinion the evidence introduced at the hearings before the Board of Supervisors justified the conclusion by that board that the relocation of the highway and railroad crossing was necessary in the national defense, the public interest and the interest of the community, and that such necessity clearly appears from the evidence there adduced. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Bluebook (online)

277 A.D.2d 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-relocation-of-south-oyster-bay-road-nyappdiv-1950.