Legal Opinion

Garden City Center Associates v. Incorporated Village

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1993PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to compel the Incorporated Village of Garden City to purchase a certain parcel of real property to convert to a public parking lot, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Becker, J.), entered March 11, 1991, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

It is well settled that a CPLR article 78 proceeding is not the proper vehicle to challenge legislative acts of a governmental entity (see, Bryant Ave. Tenants’ Assn. v Koch, 71 NY2d 856; Jones v Beame, 45 NY2d 402;…

2Cases cited7 opinions

  1. Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
  2. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  3. Jones v. BeameNew York Court of Appeals · 1978
  4. Bryant Avenue Tenants' Ass'n v. KochNew York Court of Appeals · 1988
  5. Watt v. Town of GainesAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by7 opinions

  1. McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
  2. Stoffer v. Department of Public SafetyAppellate Division of the Supreme Court of the State of New York · 2010
  3. Board of Education of Glen Cove City School District v. O'SheaAppellate Division of the Supreme Court of the State of New York · 2003
  4. Matter of Hoffmann Invs. Corp. v. RudermanAppellate Division of the Supreme Court of the State of New York · 2015
  5. E2CD, LLC v. Appeals Unit of NYC Environmental Control BoardAppellate Division of the Supreme Court of the State of New York · 2014

2 more not listed; retrieve them via the Exa API.

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