Ocean Beach Ferry Corp. v. Incorporated Village of Ocean Beach
New York Court of Appeals
I. The County Court alone has statutory authority to grant a ferry franchise. The attempted exercise of such jurisdiction by the board of trustees of Ocean Beach is a nullity. (Mayor v. Starin, 106 N. Y. 1; Power v. Village of Athens, 99 N. Y. 592; People v. New York & S. I. Ferry Go., 68, N. Y. 71; Holmes Elec. Protective Go. y. Armstrong, 97 Mise. 184; Matter of City of New York [Piers Old Nos. 8-11], 228 N. Y. 140; Benson v. Mayor, 10 Barb. 223; Matter of Pierce, 185 App.
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I. The County Court alone has statutory authority to grant a ferry franchise. The attempted exercise of such jurisdiction by the board of trustees of Ocean Beach is a nullity. (Mayor v. Starin, 106 N. Y. 1; Power v. Village of Athens, 99 N. Y. 592; People v. New York & S. I. Ferry Go., 68, N. Y. 71; Holmes Elec. Protective Go. y. Armstrong, 97 Mise. 184; Matter of City of New York [Piers Old Nos. 8-11], 228 N. Y. 140; Benson v. Mayor, 10 Barb. 223; Matter of Pierce, 185 App. Div. 212; American Dock Go. v. City of New York, 174 Mise. 813, 261 App. Div. 1063, 286 N. Y. 658; Village of…
1Opinion of the CourtDesmoND, J.
Petitioner, in 1927, obtained by license or grant from the County Judge' of Suffolk County, under section 71 of the Transportation Corporations Law, a franchise or right to establish and operate a ferry for the carriage of persons and baggage, for hire, on the waters of Great South Bay, from the public dock at a place called Bay Shore, New York, on Long Island, to a dock in and owned by, the incorporated village of Ocean Beach, New York, on Fire Island, both Bay Shore and Ocean Beach being in Suffolk County. That 1927 grant, which expired by its terms in 1942, was followed in the latter year…
2Cases cited9 opinions
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Milhau v. . SharpNew York Court of Appeals · 1863
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Benson v. MayorNew York Supreme Court · 1850
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
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3Cited by7 opinions
- Moriarty v. Planning Board of Village of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1986
- Rouse v. O'ConnellNew York Supreme Court · 1974
- Stewart v. MERCHANTS NAT. BK. OF AURORAAppellate Court of Illinois · 1972
- Hudson v. NehillNew York Supreme Court · 1960
- Fornaby v. FeriolaNew York Supreme Court · 1962
2 more not listed; retrieve them via the Exa API.