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VIL. OF NYACK v. DIAMOND

38 A.D.2d 453 (1972)

Village of Nyack, Appellant, v. Henry L. Diamond, as Commissioner of Environmental Conservation, Respondent, et al., Defendant

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

April 20, 1972.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Bruce B. Roswig of counsel), for appellant.

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

STALEY, JR., J. P., COOKE, SWEENEY and SIMON, JJ., concur.

KANE, J.

This is an appeal from an order and judgment at Special Term entered August 19, 1971 in Albany County, which dismissed the complaint as to defendant Henry L. Diamond, Commissioner of the New York State Department of Environmental Conservation, on the ground that it failed to state a cause of action.

Plaintiff Village of Nyack is an owner in fee of riparian lands adjacent to the Hackensack River...

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