MTR. OF CO. OF ONONDAGA v. McMORRAN


38 Misc.2d 384 (1963)

In the Matter of County of Onondaga, Petitioner, v. J. Burch McMorran, as Superintendent of the Department of Public Works of the State of New York, Respondent.

Supreme Court, Onondaga County.

March 12, 1963


Attorney(s) appearing for the Case

Julian W. Edgcomb, County Attorney (Eli Gingold of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Arthur W. Mattson and James P. Walsh of counsel), for respondent.


FRANK DEL VECCHIO, J.

The County of Onondaga brings this article 78 proceeding to vacate a portion of an order dated September 5, 1962 made by the State Department of Public Works on the ground that it was arbitrary, capricious and illegal.

The respondent makes a motion to dismiss the proceeding on the ground that the petitioner fails to state facts sufficient to entitle it to the relief sought.

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