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MATTER OF TERRELL v. MOSES

4 A.D.2d 171 (1957)

In the Matter of St. John Terrell, Appellant, v. Robert Moses, as Commissioner of Parks of The City of New York, Respondent

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

June 25, 1957.

Attorney(s) appearing for the Case

Stanley Goldstein of counsel (George T. Vogel with him on the brief; Goldstein, Golenbock & Barell, attorneys), for appellant.

Andrew Bellanca of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondent.

BREITEL, J. P., FRANK, McNALLY and BASTOW, JJ., concur; VALENTE, J., dissents and votes to affirm.

Per Curiam.

This is an article 78 proceeding seeking an order annulling a grant made by the park commissioner. The learned court at Special Term denied the application and dismissed the petition. We are constrained to modify the order for the reasons hereinafter ascribed.

Clearly, the commissioner exceeded his powers if he entered into a lease with a corporation for the performance of musical productions in...

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