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MTR. OF CITY OF UTICA v. WATER CONTROL BD.

6 A.D.2d 340 (1958)

In the Matter of The City of Utica, Appellant, v. Water Pollution Control Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 31, 1958.

Attorney(s) appearing for the Case

Jack J. Danella, Corporation Counsel (Stanley Drejza of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Richard H. Shepp and Paxton Blair of counsel), for respondent.

BERGAN, J. P., HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

The City of Utica appeals from an order of the Special Term which dismissed its petition in a proceeding in the nature of prohibition brought under article 78 of the Civil Practice Act to restrain the State Water Pollution Control Board from proceeding without or in excess of jurisdiction in conducting a hearing in respect to alleged violations by the city of section 1220 of the Public Health Law. The...

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