Opinion · Nylaw New York

TOWN OF NEW WINDSOR v. CITY OF NEWBURGH, 124 A.D.2d 656 [2d Dept 1986]

124 A.D.2d 656

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1986-11-10
Topic
general

TOWN OF NEW WINDSOR v. CITY OF NEWBURGH, 124 A.D.2d 656 [2d Dept 1986] TOWN OF NEW WINDSOR, Petitioner, v. CITY OF NEWBURGH, Respondent.Appellate Division of the Supreme Court of New York, Second Department. November 10, 1986 Adjudged that the proceeding is dismissed on the merits, without costs or disbursements. In this proceeding, the petitioner Town of New Windsor seeks review of a determination and findings of the Council of the City of Newburgh that the acquisition of approximately 55 acres of land adjacent to the city's reservoir at Washington Lake, owned by Anna Schaffner, was necessary for the expansion and preservation of the reservoir's watershed.

Citator

UpLaw has not yet analyzed TOWN OF NEW WINDSOR v. CITY OF NEWBURGH, 124 A.D.2d 656 [2d Dept 1986]. The absence of a flag is not a finding that it is good law.

TOWN OF NEW WINDSOR v. CITY OF NEWBURGH,124 A.D.2d 656[2d Dept 1986]
TOWN OF NEW WINDSOR, Petitioner, v. CITY OF NEWBURGH, Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
November 10, 1986
Adjudged that the proceeding is dismissed on the merits, without costs or disbursements.

In this proceeding, the petitioner Town of New Windsor seeks review of a determination and findings of the Council of the City of Newburgh that the acquisition of approximately 55 acres of land adjacent to the city's reservoir at Washington Lake, owned by Anna Schaffner, was necessary for the expansion and preservation of the reservoir's watershed. Under the circumstances of this case, the petitioner was not aggrieved by the determination, and accordingly the proceeding must be dismissed (EDPL207[A]). In any event, the record indicates that the Council's decision to acquire the entire parcel was supported by a rational factual basis(see, Matter of Dowling Coll. vFlacke,78 A.D.2d 551). Lazer, J.P., Niehoff, Lawrence and Kooper, JJ., concur.