Flinter v. State

—In a proceeding pursuant to CPLR article 78 to review a determination of the appellánt State of New York Department of Transportation in issuing a highway work permit to the respondent MVM Contracting Corp. on behalf of the appellant Bon Properties, Inc., the State of New York Department of Transportation and Bon Properties, Inc., separately appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County (Bernhard, J.), dated September 17, 1996, which granted the petition, annulled the highway work permit, and directed the appellants to “approve and construct a suitable…