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MTR. OF IRVING v. FINGER LAKES COMM.

12 Misc.2d 1087 (1958)

In the Matter of Dewey Irving et al., Petitioners, v. Finger Lakes State Parks Commission, Respondent.

Supreme Court, Special Term, Chemung County.

April 29, 1958.

Attorney(s) appearing for the Case

John B. Lawless for petitioners.

Louis J. Lefkowitz, Attorney-General (John M. Walsh of counsel), for respondent.

WALTER B. REYNOLDS, J.

Petitioners seek, in a proceeding under article 78 of the Civil Practice Act, to review, and have vacated, an order of the Finger Lakes State Parks Commission which directed its superintendent at the Watkins Glen State Park to erect a fence across one of the upper pathways in and out of the park. The effect of this fence was to cut off ready access of park visitors to petitioners' refreshment stand, located on private property directly...

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