Legal Opinion · Concurring in part, dissenting in part

Koch v. Dyson

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

Decided March 23, 1982Published

1Concurring in part, dissenting in part

Titone, J. (concurring in part and dissenting in part).

I am in accord with the conclusion reached by the majority that the New York State Board on Electric Generation Siting and the Environment (Siting Board) erred in holding that the Power Authority of the State of New York (PASNY) was exempt as a mátter of law from applicable local laws and regulations of the City of New York relating to environment, public health and safety. Both the board and PASNY took the untenable position that the latter somehow enjoys sovereign immunity from relevant regulatory ordinances of the municipality in which…

2Cases cited7 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Cortland-Clinton, Inc. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1977
  3. Cole v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  4. Atwell v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1979
  5. King v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1978

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