BENNETT v. McMORRAN


21 A.D.2d 806 (1964)

Robert Bennett et al., Appellants, v. J. Burch McMorran, as Superintendent of Public Works of the State of New York, et al., Respondents

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

June 15, 1964


Judgment affirmed, with costs.

Plaintiffs' right to relief is predicated upon the claim that the highway, as reconstructed, will be a "controlled access highway" within the meaning of the Highway Law, and that the improvement is illegal because defendants have failed to obtain the consent of the Suffolk County Board of Supervisors, as required by that statute (Highway Law, § 30, subd. 1, par. [a]). The highway, as contemplated, will consist of 10 lanes. There...

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