Legal Opinion
Rappl & Hoenig Co. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
Petitioner appeals from a judgment dismissing its article 78 petition based upon respondents’ objections in point of law (CPLR 7804, subd [f]). For purposes of respondents’ motion, the facts alleged in the petition are deemed to be true and are considered in the light most favorable to petitioner (Matter of Nistal v Hausauer, 308 NY 146; Matter of Board of Educ. v Allen, 32 AD2d 985).
The petition alleges that in 1964 petitioner purchased a parcel of land in the Town of Gates, consisting of approximately 39 acres, which was divided into two nearly equal segments…
2Cases cited5 opinions
- Board of Education v. AllenAppellate Division of the Supreme Court of the State of New York · 1969
- Nistal v. HausauerNew York Court of Appeals · 1954
- Alro Liquors, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
- State v. LangAppellate Division of the Supreme Court of the State of New York · 1976
- MATTER OF ALRO LIQUORS, INC. v. New York State Liquor Auth.New York Court of Appeals · 1970
3Cited by4 opinions
- Jack Coletta, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1987
- Tilles v. WilliamsNew York Supreme Court · 1985
- Gazza v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1988
- Stapf v. FlackeNew York Supreme Court · 1981