Village of Chestnut Ridge v. Howard

OPINION OF THE COURT

George M. Bergerman, J.

This is a CPLR article 78 proceeding by the petitioner which seeks an order of mandamus (1) directing respondents to post *746three ton-load-limit signs on the street known as Pine Brook Road in the Village of Chestnut Ridge on the bridge located there and on all approaches thereto as required by Highway Law § 234 (3) (a), and (2) directing respondents to repair or replace such bridge to make the bridge safe for public use.

The parties agree that the structure which is the subject of this action is in a deteriorated condition and threatens the health,…