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MTR. OF ALLEN v. N. Y. S. WATER COMM.

59 Misc.2d 428 (1969)

In the Matter of James W. Allen et al., Petitioners, v. New York State Water Resources Commission et al., Respondents.

Supreme Court, Special Term, Albany County.

April 3, 1969

Attorney(s) appearing for the Case

Adams & Theisen for petitioners. Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan, Assistant Solicitor General, Martin H. Schulman and Stanley Fishman of counsel), for New York State Water Resources Commission and others, respondents. Osco W. Peterson for Cayuta Lake Property Owner's Association, Inc., respondent.

DE FOREST C. PITT, J.

This article 78 proceeding is brought to obtain judgment annulling the determination of the respondent, Water Resources Commission, wherein it approved the application of the Cayuta Lake Property Owner's Association, Inc., for a permit to construct a dam on the Cayuta Lake outlet in the Town of Catherine, Schuyler County, New York, pursuant to section 429-c of the Conservation Law. It is also specifically requested that the court...

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