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MTR. OF CHARLES v. DIAMOND

42 A.D.2d 232 (1973)

In the Matter of William J. Charles, Appellant, v. Henry Diamond, as Commissioner of Environmental Conservation, et al., Respondents

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

July 6, 1973.

Attorney(s) appearing for the Case

Oot, Greene, Setright, Hershdorfer & Sharpe (Victor J. Ciabotti of counsel), for appellant.

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

Eli Gingold, County Attorney (Hugh C. Gregg, II, of counsel), for William Harris, respondent.

Alexander J. Hersha for Village of Camillus, respondent.

DEL VECCHIO, J. P., MARSH, WITMER and HENRY, JJ., concur.

SIMONS, J.

This is an appeal from a judgment which granted respondents' motion to dismiss this article 78 proceeding on the ground that the petition fails to state a cause of action. On review we assume the truth of all the statements contained in the pleading and consider them in the light most favorable to the pleader (Matter of Hassett v. Barnes, 11 A.D.2d 1089)....

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