Legal Opinion

Gerges v. Koch

New York Court of Appeals

Decided May 11, 1984PublishedCited by 22 opinions

POINTS OP COUNSEL I. The 1975 New York City Charter was primarily intended to empower local Community Boards. The City acted unlawfully by failing to submit the selection of this site for capital expenditures to Uniform Land Use Review Procedures. (Matter of Industrial Comr. v Five Corners Tavern, 47 NY2d 639.) II.

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POINTS OP COUNSEL I. The 1975 New York City Charter was primarily intended to empower local Community Boards. The City acted unlawfully by failing to submit the selection of this site for capital expenditures to Uniform Land Use Review Procedures. (Matter of Industrial Comr. v Five Corners Tavern, 47 NY2d 639.) II. The City acted unlawfully and in violation of its Charter provisions by failing to submit its acquisition of control over this property by purported license for use as a jail to the Uniform Land Use Review Procedures. {Maul-din v New York City Tr. Auth., 64 AD2d 114; Miller v City…

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

We are urged on this appeal to reverse the determination of the Appellate Division and to enjoin respondents from implementing their proposal to convert and use the Brig at the Brooklyn Navy Yard as a medium security prison.

After a Federal District Court order enforcing capacity limits on detention facilities of the City of New York had resulted in the premature release by the City Department of Correction of 613 detainees in November, 1983, in early December the City embarked on a plan by which it would add 1,400 beds to its facilities during the year 1984 by establishing…

3Cases cited3 opinions

  1. Kane v. WalshNew York Court of Appeals · 1946
  2. Tri-County Taxpayers Ass'n v. Town Board of QueensburyNew York Court of Appeals · 1982
  3. Mauldin v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1978

4Cited by22 opinions

  1. Yonkers Racing Corp. v. City of YonkersCourt of Appeals for the Second Circuit · 1988
  2. Town of Caroga v. HermsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Greenpoint Renaissance Enterprise Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  4. Silver v. KochAppellate Division of the Supreme Court of the State of New York · 1988
  5. Dodgertown Homeowners Association, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

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