Van Bortel v. Schuler

This is an application for a stay or preliminary injunction pending a hearing on the propriety of certain highway curbing and curb cut work proposed for the State highway contiguous to plaintiff’s property. The procedural basis for the suit is article 78 of the CPLR, specifically, the request to review the alleged failure of the commissioner to provide adequate substitute access.

Certainly, plaintiff is correct in arguing that the State must *222provide adequate substitute access where the access of the abutter is altered, as part of a taking, or by virtue of a highway alteration or reconstruction…