MATTER OF SOUTH OYSTER BAY RD.


277 A.D. 1142 (1950)

In the Matter of the Relocation of South Oyster Bay Road, in the Town of Oyster Bay, County of Nassau. David E. Smucker et al., as Trustees of The Long Island Rail Road Company, Appellants; Board of Supervisors of the County of Nassau, Respondents

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

December 18, 1950.


That decision and resolution are unanimously confirmed, with $50 costs and disbursements to respondents. In our opinion the evidence introduced at the hearings before the Board of Supervisors justified the conclusion by that board that the relocation of the highway and railroad crossing was necessary in the national defense, the public interest and the interest of the community, and that such necessity clearly appears from the evidence...

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