In Wetter v. Moses, 86 N.Y.S.2d 110 [1941] affd 265 A.D. 993 [1st Dept 1943] the City allowed the New York City Tunnel Authority to use certain property in Battery Park during the construction of the Brooklyn Battery Tunnel. The Mayor designated the Parks Commissioner to coordinate the work, and in this capacity the Commissioner decided to close the park area. The court's decision does not make it clear whether or not legislative approval was given for these actions. However, in upholding the Commissioner's decision, the court found that by closing the park the Commissioner acted for safety reasons in the public interest and therefore did not abuse his discretion (Id. at 112).