MATTER OF FILKINS v. STATE OF N. Y.


63 Misc.2d 380 (1970)

In the Matter of William F. Filkins et al., Petitioners, v. State of New York (Department of Transportation) et al., Respondents.

Supreme Court, Special Term, Oneida County.

May 20, 1970


Attorney(s) appearing for the Case

Evans, Burdick, Severn & Jones for petitioners. Louis J. Lefkowitz, Attorney-General, for State Department of Transportation, respondent. Gordon P. Jeffery for Town of Trenton, respondent.


JOHN R. TENNEY, J.

In this article 78 proceeding, petitioners seek to enjoin the respondents from performing what they consider to be an illegal action. A similar proceeding was brought before the Honorable DONALD H. MEAD, a Justice of the Supreme Court by a group of citizens, including these petitioners, with substantially the same objective. In a carefully worded decision, the proceeding was dismissed under the authority of Doolittle v. Supervisors...

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