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Consolidated Edison Co. of New York, Inc. v. East Hudson Parkway Authority

59 A.D.2d 926 Court N.Y. App. Div. Decision date 1977-11-21 English

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p. 926
In the Matter of Consolidated Edison Company of New York, Inc., Appellant, v East Hudson Parkway Authority, Respondent.

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to issue a license to petitioner for the installation and maintenance of certain utility facilities in, under or upon the Murray Avenue Bridge without a waiver by petitioner of its rights under section 459 of the Public Authorities Law, the appeal is from stated portions of a judgment of the Supreme Court, Westchester County, dated December 27, 1976, which, inter alia, determined that respondent may require a waiver by petitioner of any rights provided by statute with respect to relocation costs. Judgment affirmed, insofar as appealed from, with $50 costs and disbursements, on the opinion of Mr. Justice Wood at Special Term. Margett, J. P., Rabin, Titone and Mollen, JJ., concur.