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GORNIAKOWSKI v. INGRAHAM

33 A.D.2d 32 (1969)

Alexander F. Gorniakowski et al., Petitioners, v. Hollis S. Ingraham, as Commissioner of Health of The State of New York, Respondent

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

November 6, 1969.

Attorney(s) appearing for the Case

Norman Kellar (Norman Dorsen of counsel), for petitioners.

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

HERLIHY, P. J., STALEY, JR., and COOKE, JJ., concur.

REYNOLDS, J.

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court, Albany County) to vacate an order of the Commissioner of Health requiring petitioner, Alexander Gorniakowski, to cease and abate, by October 30, 1968, emissions into the atmosphere of odors emanating from the operation of his pig feeding farm in Schenectady County.

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