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MATTER OF TUCK v. HECKSCHER

29 N.Y.2d 288 (1971)

In the Matter of Edward H. Tuck et al., Appellants, v. August Heckscher, as Parks, Recreation and Cultural Affairs Administrator of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Leonard B. Sand, Matthew Silverman and Arthur W. Brill for appellants.

J. Lee Rankin, Corporation Counsel (John J. Loflin and Marilyn F. Friedman of counsel), for respondent.

Norman C. Ryp for Elizabeth Spitz and Charles Tauss, amici curiae.

Alan Warshauer for Antonio Olivieri, amicus curiae.

Herbert Brownell, Reigh F. Klann and William E. McCurdy, Jr. for The Metropolitan Museum of Art, amicus curiae.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

The Metropolitan Museum of Art seeks to build a privately financed addition to its present structure, to be known as the Robert Lehman Wing. We are called upon to decide whether its construction requires the authorization of New York City's Board of Estimate.

By legislation, enacted in 1876 (L. 1876, ch. 139), the Department of Public Parks of the City of New York was "authorized and...

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