MATTER OF ASTER AGENCY v. MILLER


13 Misc.2d 946 (1956)

In the Matter of Aster Agency, Inc., Petitioner, v. Allen C. Miller et al., Constituting the Planning Commission of Nassau County, Respondents.

Supreme Court, Special Term, Nassau County.

May 9, 1956.


Attorney(s) appearing for the Case

Brennan, Gibson & Korshin (George R. Brennan of counsel), for petitioner.

G. Burchard Smith, County Attorney (George L. Greenstein of counsel), for respondents.


PERCY D. STODDART, J.

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...

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