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MATTER OF PIAZZA v. LINDSAY

24 N.Y.2d 186 (1969)

In the Matter of Anthony Piazza et al., Appellants, v. John V. Lindsay, as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 6, 1969.

Attorney(s) appearing for the Case

Mario Matthew Cuomo for appellants.

J. Lee Rankin, Corporation Counsel (John J. Loflin, Frederic S. Nathan and Laurence D. Cherkis of counsel), for respondents.

Chief Judge FULD and Judges BREITEL and JASEN concur with Judge BERGAN; Judge KEATING dissents and votes to reverse in a separate opinion in which Judges BURKE and SCILEPPI concur.

BERGAN, J.

Statutory authority to select a site for a capital project of the City of New York is expressly vested in a Site Selection Board, the members of which are stated by the law itself to be the Director of City Planning, the Director of the Budget, the Commissioner of Real Estate, the Comptroller and the President of the Borough in which the site is located ...

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