Terrell v. Moses

This is an article 78 proceeding seeking an order annulling a grant made by the park commissioner. The learned court at Special Term denied the application and dismissed the petition. We are constrained to modify the order for the reasons hereinafter ascribed.

Clearly, the commissioner exceeded his powers if he entered into a lease with a corporation for the performance of musical productions in Central Park without compliance with the statutory provisions and without obtaining the approval of the board of estimate (New York City Charter, §§ 361, 362, 383, 384; Williams v. Hylan, 223 App. Div.…