Legal Opinion
Opn. No.
New York Attorney General Reports
Decided June 25, 1979Published
1Opinion of the Court
Hon. William C. Hennessy Commissioner Department of Transportation
This is in response to your recent inquiry as to whether the Department of Transportation is authorized to expend funds for "noise insulation" of a public school located near the right-of-way of a proposed highway.
The highway involved is to be constructed by the State with federal aid. Applicable federal regulations require the State to take steps to reduce the noise impact of the highway to acceptable levels (23 C.F.R. § 772). Compliance is necessary to assure federal participation.
In regard to reducing the noise affecting…
2Cases cited4 opinions
- Schulman v. PeopleNew York Court of Appeals · 1961
- Brown v. McMorranAppellate Division of the Supreme Court of the State of New York · 1965
- Sleepy Hollow Valley Committee v. McMorranNew York Court of Appeals · 1967
- Sperry v. StateNew York Court of Appeals · 1976