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NIAGARA MOHAWK POWER CORP. v. TOWN OF ALTAMONT

27 A.D.2d 617 (1966)

Niagara Mohawk Power Corporation, Respondent, v. Town of Altamont, Defendant-Appellant and Third-Party Plaintiff-Appellant. Water Resources Commission of the State of New York, Third-Party Defendant-Respondent

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

December 27, 1966

HERLIHY, J.

The appellant raises the question as to whether article 5 of the Conservation Law intended to give the Water Resources Commission authority to control the waters of this State. The present factual situation does not require an answer to the question posed, as the Water Resources Commission has not exercised any such authority. By court decisions in 1900 and 1911, water levels were regulated at a dam located at Setting Pole Rapids on the Racquette...

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