MATTER OF BROWN v. McMORRAN


23 A.D.2d 661 (1965)

In the Matter of Leland S. Brown et al., Respondents-Appellants, v. J. Burch McMorran, as Superintendent of The New York State Department of Public Works, et al., Appellants-Respondents

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

March 1, 1965


On appeal by the Department of Public Works and the State officials: Order, insofar as appealed from, reversed on the law, without costs; their motion to dismiss the amended petition and for summary judgment granted; and amended petition dismissed, without costs. Petitioners' appeal dismissed, without costs, as academic.

In our opinion, section 85 of the Highway Law directs the Superintendent of Public Works to do all acts necessary to comply with the Federal Aid...

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