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MATTER OF McKELVEY v. WHITE

184 A.D.2d 834 (1992)

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

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

June 4, 1992

Casey, J.

Petitioners are residents of the Mitchell Road area of the Town of Pittsford, Monroe County, who objected to the determination of the Department of Transportation (hereinafter DOT) to replace the one-lane bridge which carries Mitchell Road over the Barge Canal with a two-lane bridge. The focus of petitioners' objection in this proceeding was DOT's finding that the project was a type II action which...

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