Barnes v. Maguire

Appeal from a judgment of the Supreme Court at Special Term, entered March 13, 1972 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, denied appellants’ motion to dismiss the petition and ordered the Board of Water Supply of the City of New York to map petitioners-respondents’ premises forthwith and to apply for the appointment of commissioners. The judgment should be modified in accordance with this court’s decision in Matter of Tobin v Ford (49 AD2d 83). In addition the judgment grants relief to not only the petitioners but also "all others similarly situated”. This is…