MATTER OF HERKIMER PULP & PACKAGING CORP. v. McMORRAN


24 A.D.2d 929 (1965)

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

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

November 29, 1965


MEMORANDUM BY THE COURT.

We are in accord with the rationale and the conclusions expressed in the lucid and comprehensive opinion of Mr Justice FOSTER at Special Term. (45 Misc.2d 127.) The judgment may be sustained on the additional ground that section 948 of the Conservation Law, which is the purported authority for the Superintendent's order, must be construed to relate only to impounding structures in "natural" streams and...

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