VAN BORTEL v. SCHULER


83 Misc.2d 221 (1975)

Howard Van Bortel, Individually and as President of Palmyra Motors, Inc., Plaintiff, v. Raymond Schuler, as State Commissioner of Transportation, et al., Defendants.

Supreme Court, Monroe County.

June 17, 1975


Attorney(s) appearing for the Case

Joan de R. O'Byrne for plaintiff. Louis J. Lefkowitz, Attorney-General (Paul O. Harrison of counsel), for defendants.


ANDREW V. SIRACUSE, J.

This is an application for a stay or preliminary injunction pending a hearing on the propriety of certain highway curbing and curb cut work proposed for the State highway contiguous to plaintiff's property. The procedural basis for the suit is article 78 of the CPLR, specifically, the request to review the alleged failure of the commissioner to provide adequate substitute access.

Certainly, plaintiff is correct in arguing...

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