Commissioner of Transportation v. Lane

Appeal from an order of the County Court of Delaware County (Estes, J.), entered September 4, 1990, which dismissed petitioner’s application, in a proceeding pursuant to RPAPL article 7, to recover possession of premises occupied by respondent.

This proceeding was commenced pursuant to RPAPL 713 (3) for summary eviction of respondent from a "pull-off” area on State Route 23. Petitioner brings this proceeding on behalf of the State alleging that respondent has intruded into or squatted upon the public property without the permission of the persons entitled to possession. Respondent has, since…