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SPERRY RAND v. WATER RES. COMM.

30 A.D.2d 276 (1968)

In the Matter of Sperry Rand Corporation, Petitioner, v. Water Resources Commission et al., Respondents

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

July 8, 1968.

Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff (Edward R. Neaher, Howard S. Sussman and Richard E. Rieder of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Dunton F. Tynan and Julius Feinstein of counsel), for respondents.

Nemeroff, Jelline, Danzig, Paley & Kaufman (Howard J. Levitz of counsel), amicus curiæ.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

HERLIHY, J.

The petitioner seeks the annulment of a determination of the respondent commission which permits a landowner adjacent to premises of the petitioner corporation to utilize well water in a specified way.

When the adjacent landowner made application pursuant to section 476 of the Conservation Law for permission to sink a well on its property, the local water district objected on the basis that...

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