Rosenberg v. New York State Office of Parks, Recreation, & Historic Preservation
Cases that cite this one
23 later published cases cite this decision.
- Matter of Kelly v. Farmingdale State Coll., State Univ. of N.Y. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Perrotta v. Syosset Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Muller v. Zoning Bd. of Appeals Town of Lewisboro (Appellate Division of the Supreme Court of New York 2021)
- Matter of Armand Gustave, LLC v. Pavacic (Appellate Division of the Supreme Court of New York 2019)
- Matter of Coma Realty Corp. v. Davis (Appellate Division of the Supreme Court of New York 2021)
- Lake Street Granite Quarry, Inc. v. Town/Village of Harrison (Appellate Division of the Supreme Court of New York 2013)
- Lake Street Granite Quarry, Inc. v. Town/Village of Harrison (Appellate Division of the Supreme Court of New York 2013)
- Matter of East W. Bank v. L & L Assoc. Holding Corp. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Riverkeeper, Inc. v. New York City Dept. of Envtl. Protection (Appellate Division of the Supreme Court of New York 2026)
- Matter of East End Hangars, Inc. v. Town of E. Hampton, N.Y. (Appellate Division of the Supreme Court of New York 2024)
- C.F. v. New York City Dept. of Health & Mental Hygiene (Appellate Division of the Supreme Court of New York 2020)
- Matter of Bonacker Prop., LLC v. Village of E. Hampton Bd. of Trustees (Appellate Division of the Supreme Court of New York 2019)
- Matter of Buffalo Council of Supervisors & Adm'rs, Local 10 v. Cash (Appellate Division of the Supreme Court of New York 2019)
- Matter of Goldfarb v. Ramapo (Appellate Division of the Supreme Court of New York 2018)
- Matter of Resto v. State of N.Y., Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2016)
- PARKER, STANLEY v. TOWN OF ALEXANDRIA (Appellate Division of the Supreme Court of New York 2016)
- Parker v. Town of Alexandria (Appellate Division of the Supreme Court of New York 2016)
- Parker v. Town of Alexandria (Appellate Division of the Supreme Court of New York 2016)
- Matter of Ballard v. New York Safety Track LLC (Appellate Division of the Supreme Court of New York 2015)
- Matter of Rosenberg v. New York State Off. of Parks, Recreation, & Historic Preserv. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Greenberg v. Assessor of Town of Scarsdale (Appellate Division of the Supreme Court of New York 2014)
- Town of Woodbury v. County of Orange (Appellate Division of the Supreme Court of New York 2014)
- Town of Woodbury v. County of Orange (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the New York State Office of Parks, Recreation, and Historic Preservation, which denied the petitioners/plaintiffs’ request for rights of access over a bridle path in order to access Beech Hill Road from the southern section of the subject property, and action, among other things, for a judgment declaring that the New York State Office of Parks, Recreation, and Historic Preservation had no ownership interests in the bridle path, the petitioners/plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Hubert, J.), entered February 25, 2011, which, in effect, dismissed the petition/complaint.
Ordered that the judgment is modified, on the law, by delet
The appellants’ property in Pleasantville, Westchester County, was described in a deed conveying the property to them as consisting of two “tracts,” referred to as “Tract I” and “Tract II.” The appellants’ single-family dwelling was located on “Tract II,” which had direct access to a public road. The appellants had a horse barn on “Tract I,” which, if considered as a discrete parcel, had been landlocked since the New York State Department of Transportation (hereinafter the DOT) acquired a portion of “Tract I” to create Route 117. The appellants applied to the DOT for permission to construct a driveway from “Tract I” across DOT Parcel 54, which the DOT owned in fee, to gain direct access to the same public road that was directly accessible from “Tract II.” The plans submitted by the appellants to the DOT called for relocation of part of an equestrian trail that provided safe access for equestrians to the trail system of the Rockefeller State Park Preserve, as well as the construction of part of the proposed driveway over a section of the trail. The DOT directed the appellants to seek permission from the New York State Office of Parks, Recreation, and Historic Preservation (hereinafter the agency) to cross and relocate part of the equestrian trail. The agency denied the appellants’ request.
The applicable standard of review pursuant to CPLR 7803 (3) is “whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion” (see Matter of Holcomb v Williams, 72 AD3d 687, 688 [2010]). Here, the Supreme Court properly concluded that the agency’s determination was not illegal, arbitrary and capricious, or an abuse of discretion. The project for which the appellants sought approval would have necessitated the partial relocation of an equestrian trail that provides access to the trail system of the Rockefeller State Park Preserve, and would have caused safety concerns for users of the equestrian trail. Accordingly, the Supreme Court properly denied those branches of the petition/complaint which were pursuant to CPLR article 78, inter alia, to annul the agency’s determination, and properly, in effect, dismissed those causes of action which sought relief pursuant to CPLR article 78.
Nonetheless, in the absence of a dispositive motion addressed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.