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CHEM-TROL POLLUTION SERV. v. INGRAHAM

42 A.D.2d 192 (1973)

In the Matter of Chem-Trol Pollution Services, Inc., Appellant, v. Hollis S. Ingraham, as Commissioner of Health of State of New York, et al., Respondents

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

June 29, 1973.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Evan E. James of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Stanley Fishman, Murray Susswein and Ruth Kessler Toch of counsel), for respondents.

GOLDMAN, P. J., DEL VECCHIO, MOULE and CARDAMONE, JJ., concur.

SIMONS, J.

This is an appeal from a judgment of Special Term which dismissed the petition for lack of jurisdiction because petitioner failed to serve the order to show cause and the petition on the Attorney-General, pursuant to subdivision (c) of CPLR 7804, within the statutory limitation period.

Petitioner is a tenant and contractually obliged to purchase 240 acres of land in Niagara County formerly...

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