Appellate Division of the Supreme Court of New York, 1969

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

78th Street Ass'n v. City of New York
Appellate Division of the Supreme Court of New York · Decided October 16, 1969
33 A.D.2d 545; 304 N.Y.S.2d 429; 1969 N.Y. App. Div. LEXIS 3144
78th Street Ass'n v. City of New York

Opinion of the Court

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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