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PATCHOGUE SCRAP IRON v. INGRAHAM

57 Misc.2d 290 (1968)

In the Matter of Patchogue Scrap Iron and Metal Co., Inc., Petitioner, v. Hollis S. Ingraham, as Commissioner of the Department of Health of the State of New York, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

July 17, 1968

Attorney(s) appearing for the Case

Catterson & Maxwell (James M. Catterson, Jr., of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and Stanley Fishman of counsel), for respondents.

WILLIAM R. GEILER, J.

Motion to dismiss a petition in an article 78 proceeding pursuant to CPLR 7804 (subd. [f]) on the following ground:

The petition herein was never delivered to the proper person on behalf of the proposed respondents, Hollis S. Ingraham, Commissioner of the Department of Health, State of New York, and the Air Pollution Control Board, in accordance with the Civil Practice Law and Rules, and therefore the court has no jurisdiction...

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