Irving v. Finger Lakes State Parks Commission

Petitioners seek, in a proceeding under article 78 of the Civil Practice Act, to review, and have vacated, an order of the Finger Lakes State Parks Commission which directed its superintendent at the Watkins Glen State Park to erect a fence across one of the upper pathways in and out of the park. The effect of this fence was to cut off ready access of park visitors to petitioners’ refreshment stand, located on private property directly opposite the area across which the fence was erected. A temporary restraining order has kept an opening in the fence sufficient to permit normal access to…