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BD. OF TRS. v. DEPT. OF ENV. CONSERV.

67 Misc.2d 180 (1971)

In the Matter of Board of Trustees of the Incorporated Village of Old Westbury et al., Petitioners, v. Department of Environmental Conservation of the State of New York et al., Respondents.

Supreme Court, Special Term, Nassau County.

August 2, 1971

Attorney(s) appearing for the Case

Pratt, Caemmerer & Cleary for petitioners. Louis J. Lefkowitz, Attorney-General, for respondents.

BERTRAM HARNETT, J.

The village wants to be exempted from a State prohibition against open burning of leaves, tree trimmings and lawn and garden debris. The State refuses.

Pursuant to section 1271 (subd. 1, par. [a]) of the Public Health Law and sections 77 and 78 of the Environmental Conservation Law, the Department of Environmental Conservation (Department) is empowered to enact: "rules and regulations...

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