In re a Proposed Change in the Map or Plan of the City of New York so as to Establish the Lines & Grades of a Temporary Pedestrian Bridge in East One Hundred & Third Street Across Turnbull Avenue, & Across the Tracks of New York Rapid Transit Corp.

247 A.D. 913 · Appellate Division of the Supreme Court of the State of New York · 1936

Facts

The Board of Estimate and Apportionment of New York City adopted resolutions to establish a temporary pedestrian bridge across the tracks of the New York Rapid Transit Corporation in Brooklyn. The resolutions were purportedly made under Section 442 of the Greater New York Charter and Section 90 of the Railroad Law. The New York Rapid Transit Corporation appealed this decision.

Issue

Did the Board of Estimate and Apportionment have the statutory power, jurisdiction, or authority under Section 442 of the Greater New York Charter and Section 90 of the Railroad Law to order the construction of a temporary pedestrian bridge across railroad tracks?

Holding

The court reversed and annulled the determination of the Board of Estimate and Apportionment as a matter of law. It held that the Board lacked the authority to order such a temporary crossing for pedestrians.

Rule

Section 442 of the Greater New York Charter and Section 90 of the Railroad Law, which provide for opening new streets across railroads, do not delegate power to the Board of Estimate and Apportionment to order the construction of temporary pedestrian bridges.

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