Incorporated Village of Valley Stream v. Jones Beach State Parkway Authority

The plaintiff seeks a preliminary injunction pursuant to CPLR 6301 which would restrain the defendant from preventing, obstructing or otherwise interfering with the flow of traffic to and from the Southern State Parkway through Exit 14. Plaintiff also asks that the defendant be compelled to remove the wooden barrier which it had placed across that road.

Defendant’s cross motion to dismiss the complaint for failure to state a cause of action because this court lacks jurisdiction of the subject matter is granted.

The threshold question is whether this court has authority to entertain the action.

In…