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MTR. MASTRANGELO v. STATE COUN., PARKS

42 Misc.2d 650 (1964)

In the Matter of John Mastrangelo et al., Petitioners, v. State Council of Parks et al., Respondents.

Supreme Court, Special Term, Queens County.

March 24, 1964

Attorney(s) appearing for the Case

Mattison, Castaldi & Koenig (Michael A. Castaldi, Mario Matthew Cuomo and Bernard G. Toffoli of counsel), for petitioners. Leo A. Larkin, Corporation Counsel (John F. Kelly, John L. Radlein and George Newman of counsel), for Robert F. Wagner, as Mayor of the City of New York, and others, respondents. Louis J. Lefkowitz, Attorney-General (Mortimer Sattler of counsel), for Harold G. Wilm, as State Conservation Commissioner, and others, respondents. Samuel D. Smoleff for Citizens Union, amicus curiæ.

HAROLD TESSLER, J.

In this article 78 (CPLR) proceeding petitioners seek a judgment (1) enjoining the Board of Estimate and Mayor from taking any steps under the Park and Recreation Land Acquisition Act (Conservation Law, art. 16-C) in connection with the condemnation of the lands that are the subject of park layout Map No. 4236; (2) annulling the determinations of the City Planning Commission, Director of...

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