TOWN OF RHINEBECK v. STATE OF NEW YORK

Claim No. 122103, 2014-01364.

146 A.D.3d 1001 (2017)

2017 NY Slip Op 00502

46 N.Y.S.3d 143

TOWN OF RHINEBECK, Appellant, v. STATE OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 25, 2017.


Ordered that the order is reversed, on the law, with costs, and those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (2) and (5) to dismiss the claim are denied.

In 1991, the New York State Legislature adopted article 44 of the Environmental Conservation Law (hereinafter the Greenway legislation), which created the Hudson River Valley Greenway (hereinafter the Greenway). The purpose of this article was to "protect and enhance the special places...

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