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MATTER OF NIAGARA MOHAWK POWER CORP. v. MOSHER

37 A.D.2d 907 (1971)

In the Matter of Niagara Mohawk Power Corporation, Petitioner, v. William E. Mosher, as Commissioner of Health of the County of Erie, Respondent

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

October 28, 1971

Determination unanimously annulled, without costs, and order of October 30, 1970 vacated.

Memorandum:

A hearing was held on charges that petitioner, a public utility, caused dry fly ash at its Huntley Station dumping site to escape to the open air in such amounts as to be a nuisance to the residents of the Riverview Heights area of the Town of Tonawanda. After the hearing was closed, the hearing officer received reports of field inspectors made subsequent...

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