ELR Citation: ELR 20401
No(s). 71 Civ. 3062 (S.D.N.Y. Aug 12, 1971)

Plaintiffs' motion for preliminary injunction to block state acquisition of title to land through eminent domain proceedings in connection with legislatively approved expansion of Stewart Airport near Newburgh, N.Y., on grounds that such proceedings cannot antedate approval of the proposed expansion by the Secretary of Transportation under the Airport and Airmay Development Act of 1970 is denied. Secretary's approval is required only if the project is federally funded. State may expand facility with its own funds without such approval. Further, state may acquire land where it identifies a need for airport expansion and expects that federal funding will be available. Under the Airport and Airway Development Act such funding cannot be provided without clear state title to land. More profound objections to merits of project will not be considered in connection with extraordinary motion for relief pendente lite.

Counsel for Plaintiffs:
David Sive
Sigmund Anderman
Winer, Neuberger & Sive
445 Park Avenue
New York, NY 10017
(212) 421-2150

Counsel for Defendant, Metropolitan Transportation Authority:
John R. Hupper
Norman J. Itzkoff
Ronald S. Rolfe
Cravath, Swaine & Moore
1 Chase Manhattan Plaza
New York, NY 10005
(212) 422-3000

Counsel Pro Se and for Defendants, Theodore W. Parker, Richard Dunham, and Arthur Levitt:
Louis J. Lefkowitz Attorney General
Daniel M. Cohen Assistant Attorney General
State Office Building
80 Centre Building
New York, NY 10013
(212) 488-7562

Counsel for Federal Defendants, John A. Volpe, and John Schaeffer:
Whitney North Seymour Jr. U.S. Attorney
Daniel Riesel Assistant U.S. Attorney
Foley Square
New York, NY 10007
(212) 264-6168