MTR. OF TOBIN v. FORD


49 A.D.2d 83 (1975)

In the Matter of Francis P. Tobin, Sr., et al., Respondents, v. Arthur C. Ford et al., Constituting The Board of Water Supply of the City of New York, et al., Appellants

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

July 24, 1975


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (William J. Callahan of counsel), for appellants.

Kalter & Gottlieb (Michael R. Gottlieb of counsel), for respondents.

HERLIHY, P. J., SWEENEY, KANE and LARKIN, JJ., concur.


REYNOLDS, J.

Petitioners brought this proceeding to obtain judgment pursuant to CPLR article 78 ordering appellants to map their riparian premises on the Delaware River in Sullivan County, New York, downstream below Skinners Falls.

Appellants moved to dismiss the petition herein on the ground the Supreme Court has no power to direct them to institute a condemnation proceeding. The court was correct in...

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