MTR. OF HAMILTON v. DIAMOND


70 Misc.2d 899 (1972)

In the Matter of Lloyd A. Hamilton, Jr., et al., Petitioners, v. Henry L. Diamond, as Commissioner of Environmental Conservation of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 20, 1972


Attorney(s) appearing for the Case

Halperin, Shivitz, Scholar & Steingut (David I. Shivitz of counsel), and Doig, Cornell & Mandel (J. Martin Cornell of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Stanley Fishman and Olin Harper LeCompte of counsel), for Henry L. Diamond and others, respondents. Windheim, Bernard, Prindle & Maidman for Eberhard M. Thiermann, respondent. Winer, Neuberger & Sive for Rockland County Conservation Association and others.


LOUIS G. BRUHN, J.

This is an article 78 proceeding seeking a judgment declaring the determination made by the respondent, Henry L. Diamond on November 30, 1971, granting a permit to fill in the Hudson River at 190 River Road, Grand View-on-Hudson, illegal and void and directing such permit to be revoked and rescinded.

Commissioner Diamond's determination is attacked as illegal because, first, the rules...

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