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Matter of Flinter v. S.N.Y. Dept. of Trans

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
671 N.Y.S.2d 282 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

Appeal from the Supreme Court, Dutchess County (Bernhard, J.).


Ordered that the appeal by Bon Properties, Inc., is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order and judgment is reversed insofar as appealed from by the State of New York Department of Transportation, on the law, the petition is denied, the proceeding is dismissed, and the highway work permit is reinstated; and it is further,

Ordered that the State of New York Department of Transportation is awarded one bill of costs.

It is well settled that in determining whether to grant an application for a highway work permit, the State of New York Department of Transportation (hereinafter DOT) may impose general design requirements "intended to provide maximum safety and convenience for the travelling public" ( 17 NYCRR 125.5). Among these requirements are that a driveway or driveway system be located so as to provide the most favorable vision, grade, and alignment conditions for motorists using the proposed driveway and the highway, and that there should be no undue interference with the free and safe movement of highway traffic ( see, 17 NYCRR 125.6 [a]). The DOT's determination to reroute the driveway system, which took these considerations into account, had a rational basis and, thus, was neither arbitrary nor capricious. Accordingly, it should not have been annulled by the Supreme Court.

Bracken, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Flinter v. S.N.Y. Dept. of Trans

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
671 N.Y.S.2d 282 (N.Y. App. Div. 1998)
Case details for

Matter of Flinter v. S.N.Y. Dept. of Trans

Case Details

Full title:In the Matter of JOSEPH FLINTER, Respondent, v. STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 6, 1998

Citations

671 N.Y.S.2d 282 (N.Y. App. Div. 1998)
249 A.D.2d 304

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