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MATTER OF ST. MORRIS ASSOCS. v. McMORRAN

35 A.D.2d 997 (1970)

In the Matter of St. Morris Associates, Appellant, v. J. Burch McMorran, as Commissioner of The Department of Transportation of the State of New York, et al., Respondents

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

December 28, 1970

Judgment reversed, on the law, with $10 costs and disbursements, and respondents are directed to forthwith act upon petitioner's site development plan and the respondent officials of the State Department of Transportation are further directed to issue the curb cut permits requested by petitioner.

The respondent agencies had refused to act upon petitioner's plan; and Special Term's dismissal of this proceeding was upon the...

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