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MATTER OF HAMILTON v. DIAMOND

69 Misc.2d 492 (1972)

In the Matter of Lloyd A. Hamilton, Jr., et al., Petitioners, v. Henry L. Diamond, as Commissioner of Environmental Conservation of the State of New York, et al., Respondents.

Supreme Court, Rockland County.

February 29, 1972

Attorney(s) appearing for the Case

Doig, Cornell & Mandel for petitioners. Louis J. Lefkowitz, Attorney-General, for Henry L. Diamond and others, respondents. Windheim, Bernard, Prindle & Maidman for Eberhard M. Thiermann, respondent.

MORTON B. SILBERMAN, J.

This is an article 78 proceeding to review a determination made by respondents constituting the Department of Environmental Conservation of the State of New York, after a public hearing. Said respondents move for a change of venue upon the grounds that Rockland County is not a proper county (CPLR 510, subd. 1) and that the only county in which this proceeding may properly be brought is Albany County (CPLR 506, subd. [b], par. 2...

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