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MTR. OF SMITH CO. v. INGRAHAM

32 A.D.2d 188 (1969)

In the Matter of J. Hungerford Smith Co., Inc., Respondent, v. Hollis S. Ingraham, as Commissioner of Health of The State of New York, Appellant

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

June 18, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan, Ruth Kessler Toch and Stanley Fishman of counsel), for appellant.

Harris, Beach, Wilcox, Dale & Linowitz (James M. Hartman and Robert C. Gebhardt of counsel), for respondent.

HERLIHY, J. P., COOKE and GREENBLOTT, JJ., concur in Per Curiam opinion; REYNOLDS, J., dissents and votes to affirm, in an opinion. AULISI, J., not voting.

Per Curiam.

The Commissioner of Health appeals from an order of Special Term which denied his motion to dismiss the petition as untimely. (See CPLR 217; art. 78; Public Health Law, § 1244, subds. 1, 2.)

On May 6, 1966 respondent and the Village of Victor were directed to answer charges that they were discharging inadequately treated sewage and industrial wastes into Great Brook, Ontario County, in contravention...

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