MTR. OF SYLVANIA CORP. v. KILBORNE


28 N.Y.2d 427 (1971)

In the Matter of Sylvania Corporation, Appellant, v. R. Stewart Kilborne, as Commissioner of the Conservation Department of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 26, 1971.


Attorney(s) appearing for the Case

Arthur M. Sherwood and Robert M. Hitchcock for appellant.

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr. and Ruth Kessler Toch of counsel), for Commissioner, respondent.

James J. Flood, Jr., of the District of Columbia Bar, admitted on motion pro hac vice, Craig B. Bright and Robert K. Kistler for Wyckoff Development Company, respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


Chief Judge FULD.

This appeal, posing a question of first impression and here by our leave, requires us to construe provisions of the Conservation Law empowering the Conservation Department to regulate the development and operation of natural gas fields in this State.

The Sylvania Corporation, the petitioner herein, and Wyckoff Development Company, the respondent, are gas and oil producers operating wells...

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