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MTR. OF HERKIMER PULP v. McMORRAN

45 Misc.2d 127 (1964)

In the Matter of Herkimer Pulp & Packaging Corporation, Petitioner, v. J. Burch McMorran, as Superintendent of Public Works of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

November 17, 1964

Attorney(s) appearing for the Case

Albert Averbach for petitioner. Louis J. Lefkowitz, Attorney-General (Lawrence J. Logan of counsel), for respondent.

SYDNEY F. FOSTER, J.

This is a proceeding, under article 78 of the CPLR, to annul an order of the State Superintendent of Public Works which would require petitioner to make certain changes to its hydraulic canal complex adjacent to West Canada Creek in Herkimer County. The order was purportedly issued pursuant to the provisions of section 948 of the Conservation Law. This section provides generally that whenever...

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