Legal Opinion

State v. Celli

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

Decided May 30, 1975No. Proceeding No. 1PublishedCited by 3 opinions

1Opinion of the Court

Petition unanimously dismissed, without costs. Memorandum: On October 29, 1974, the barge canal near Bushnell’s Basin in the Town of Perinton, County of Monroe, ruptured, causing substantial property damage to the surrounding area. A Monroe County Grand Jury subsequently returned indictments charging petitioners with the crime of reckless endangerment of property (Penal Law, § 145.25). The indictments alleged that petitioners, in the construction of a tunnel under the canal, had created a substantial risk of damage to the property of residents in the area and had consciously disregarded it.…

2Cases cited4 opinions

  1. Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
  2. Proskin v. County Court of Albany CountyNew York Court of Appeals · 1972
  3. Matter of Harris Motors v. KlappNew York Court of Appeals · 1947
  4. Ricapito v. PeopleAppellate Division of the Supreme Court of the State of New York · 1963

3Cited by3 opinions

  1. Colf v. SerraAppellate Division of the Supreme Court of the State of New York · 1982
  2. Monroe County Division of Pure Waters v. CelliAppellate Division of the Supreme Court of the State of New York · 1975
  3. Watson v. KurlanderNew York Supreme Court · 1976

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