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MTR. OF TOWN OF WATERFORD v. WATER BD.

5 N.Y.2d 171 (1959)

In the Matter of the Town of Waterford et al., Appellants, v. Water Pollution Control Board, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1959.

Attorney(s) appearing for the Case

John T. De Graff, George E. O'Connor and John A. Murray for appellants.

Walter E. Burke, Corporation Counsel, for City of Cohoes, amicus curiæ, in support of appellants' position.

Timothy J. Fogarty, Corporation Counsel, for City of Troy, amicus curiæ, in support of appellants' position.

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

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE concur with Judge FROESSEL; Judge VAN VOORHIS dissents in an opinion and votes to remit the matter to the Water Pollution Control Board for a rehearing in accordance with his dissenting opinion herein.

FROESSEL, J.

In this article 78 proceeding, instituted pursuant to section 1244 of the Public Health Law, the Town and the Village of Waterford, hereinafter called appellants, are challenging the right of the Water Pollution Control Board of this State, hereinafter called the Board, to classify the waters of that section of the Mohawk River Drainage Basin extending from its mouth to the first dam above Cohoes...

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