New York Court of Appeals
In the Matter of Tony Avella, Respondents v. City of New York, Respondents, and Queens Development…
June 6, 201729 N.Y.3d 425
Summary
The Court affirmed the Appellate Division, holding that the 1961 statute does not authorize the construction of the Willets West retail and entertainment complex on parkland, and therefore the development violates the public trust doctrine. The decision rests on a plain‑meaning reading of the statute and the requirement that any alienation of parkland be expressly authorized by the State Legislature.