Mitchell v. Common Council

Appellate Division of the Supreme Court of New York

Mitchell v. Common Council

80 A.D.2d 722, 437 N.Y.S.2d 144, 1981 N.Y. App. Div. LEXIS 10442

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

DecidedFebruary 13, 1981

StatusPublished

This text of 80 A.D.2d 722 (Mitchell v. Common Council) 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

Mitchell v. Common Council, 80 A.D.2d 722, 437 N.Y.S.2d 144, 1981 N.Y. App. Div. LEXIS 10442 (N.Y. Ct. App. 1981).

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Opinion

Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: Respondent seeks to acquire certain real property of petitioner as part of its proposed “Section 202” elderly housing facility (see 24 CFR 885.1). The procedures to be followed in making such an acquisition are set forth in the Eminent Domain Procedure Law, and include the requirements of a public hearing held pursuant to published notice, a record kept of the hearing and a newspaper publication of the specific determination and findings (EDPL 201-[723]*723204). Respondent has, to date, complied with these provisions and its determinations and findings, adopted by resolution, should be confirmed (EDPL 207, subd [C]). (Proceeding pursuant to EDPL 207.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

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Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: Respondent seeks to acquire certain real property of petitioner as part of its proposed “Section 202” elderly housing facility (see 24 CFR 885.1). The procedures to be followed in making such an acquisition are set forth in the Eminent Domain Procedure Law, and include the requirements of a public hearing held pursuant to published notice, a record kept of the hearing and a newspaper publication of the specific determination and findings (EDPL 201-[723]*723204). Respondent has, to date, complied with these provisions and its determinations and findings, adopted by resolution, should be confirmed (EDPL 207, subd [C]). (Proceeding pursuant to EDPL 207.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

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Bluebook (online)

80 A.D.2d 722, 437 N.Y.S.2d 144, 1981 N.Y. App. Div. LEXIS 10442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-common-council-nyappdiv-1981.

Opinion

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