Opinion
May 9, 1956
Brennan, Gibson Korshin ( George R. Brennan of counsel), for petitioner.
G. Burchard Smith, County Attorney ( George L. Greenstein of counsel), for respondents.
Application [for order under article 78 of Civil Practice] granted. The respondents had no legal basis for their disapproval of the plat or map involved herein. The mere fact that the State may extend a highway through a portion of the petitioner's property does not sustain the respondents' position. As Mr. Justice HOGAN wrote in a similar proceeding: "If the Long Island State Park Commission wishes to acquire this property, it should move promptly for an order condemning it, and thus minimize the damage to the petitioner. It cannot, by a mere statement of intent, which binds no one, compel an owner to maintain his property in an unproductive state for an indefinite period, in the manner here proposed." ( Matter of Lido Links Homes v. Young, 13 Misc.2d 157, 158.)
Settle order on notice.