MATTER OF MARSHALL v. TOWN OF PITTSFORD


105 A.D.2d 1140 (1984)

In the Matter of David E. Marshall et al., Petitioners, v. Town of Pittsford, Respondent

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

November 7, 1984


Petition unanimously granted, without costs, determination annulled and respondent directed to comply with the public hearing requirements of EDPL article 2.

Memorandum:

Petitioners seek review of respondent's determination that a proposed taking of an eight-foot strip along the north edge of petitioners' property for the purpose of building a sidewalk is de minimis and, hence, not subject to compliance with the provisions of EDPL 206 (subd [D]).

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