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MATTER OF REISS v. KILBORNE

56 Misc.2d 303 (1967)

In the Matter of Dona M. Reiss, Petitioner, v. R. Stewart Kilborne, as Commissioner of the Conservation Department of the State of New York, Respondent.

Supreme Court, Erie County.

October 25, 1967

Attorney(s) appearing for the Case

Falk, Twelvetrees, Johnston & Siemer (Charles D. Tuppen, Jr., of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., of counsel) for respondent.

REID S. MOULE, J.

The petitioner in this proceeding seeks an order pursuant to article 78 of the CPLR annulling a determination of the Commissioner of Conservation and directing the Commissioner to reform the boundaries of spacing units of certain natural gas pools, or in the alternative, for an order transferring this proceeding to the Appellate Division. The respondent now moves for an order dismissing the...

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