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MATTER OF McKELVEY v. WHITE

150 Misc.2d 39 (1991)

In the Matter of David McKelvey et al., Petitioners, v. Franklin E. White, as Commissioner of the New York State Department of Transportation, et al., Respondents.

Supreme Court, Albany County.

January 17, 1991

Attorney(s) appearing for the Case

Nixon, Hargrave, Devane & Doyle for petitioners. Robert Abrams, Attorney-General (Kathleen Liston Morrison of counsel), for Franklin E. White and another, respondents. James A. Reed, Jr., Town Attorney, for Town of Pittsford, respondent.

F. WARREN TRAVERS, J.

Petitioners commenced this CPLR article 78 proceeding seeking to annul a determination by the New York State Department of Transportation (DOT) to replace a bridge spanning the New York State Barge Canal. Petitioners also seek to annul a determination by the State Historic Preservation Office (SHPO) to not list the subject bridge on the National Historic Register.

The Town of Pittsford...

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