Legal Opinion

Matter of Friends of Petrosino Sq. v. Sadik-Khan

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

Decided March 10, 2015No. 14459 100888/13PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered October 24, 2013, which denied the petition challenging respondents’ decision, dated April 27, 2013, to install a CitiBike Share station at Petrosino Square based on a finding that the installation did not violate the public trust doctrine, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

It is assumed for purposes of this decision that Petrosino Square is dedicated parkland that implicates the common-law public trust doctrine, pursuant to which “legislative approval is…

2Cases cited4 opinions

  1. Williams v. . GallatinNew York Court of Appeals · 1920
  2. Van Cortlandt Park v. City of New YorkNew York Court of Appeals · 2001
  3. Union Square Park Community Coalition, Inc. v. New York City Department of Parks & RecreationNew York Court of Appeals · 2014
  4. Blank v. BrowneAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by5 opinions

  1. Corwin v. NYC Bike Share, LLCDistrict Court, S.D. New York · 2017
  2. Matter of Cannon Point Preserv. Corp. v. City N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Long Island Pine Barrens Society, Inc. v. Suffolk County LegislatureNew York Supreme Court · 2016
  4. Matter of East Riv. Park Action v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  5. Saska v. Metropolitan Museum of ArtNew York Supreme Court · 2016

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