Legal Opinion

Tobin v. Ford

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

Decided July 24, 1975PublishedCited by 10 opinions

1Opinion of the CourtReynolds, J.

Petitioners brought this proceeding to obtain judgment pursuant to CPLR article 78 ordering appellants to map their riparian premises on the Delaware River in Sullivan County, New York, downstream below Skinners Falls.

Appellants moved to dismiss the petition herein on the ground the Supreme Court has no power to direct them to institute a condemnation proceeding. The court was correct in denying this motion. The Supreme Court has jurisdiction in an appropriate case to order a public official or public board to proceed to condemn a petitioner’s property taken for a public purpose (CPLR 7801,…

2Cases cited11 opinions

  1. MATTER OF BD. OF EDUC. v. NyquistNew York Court of Appeals · 1973
  2. People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910
  3. Civil Service Employees Ass'n v. HelsbyAppellate Division of the Supreme Court of the State of New York · 1969
  4. Civil Service Employees Ass'n v. HelsbyNew York Court of Appeals · 1969
  5. Posner v. RockefellerAppellate Division of the Supreme Court of the State of New York · 1969

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

3Cited by10 opinions

  1. Bayswater Health Related Facility v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1977
  2. County of Franklin v. ConnelieNew York Supreme Court · 1978
  3. Cohn v. Board of Education of Hammondsport Central SchoolAppellate Division of the Supreme Court of the State of New York · 1977
  4. Stokes v. ConnelieAppellate Division of the Supreme Court of the State of New York · 1981
  5. Barnes v. MaguireAppellate Division of the Supreme Court of the State of New York · 1975

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

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