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MURPHY v. DIAMOND

78 Misc.2d 309 (1973)

Alfred M. Murphy, as Chairman of the Board of Commissioners, Rockland County Sewer District No. 1, Plaintiff, v. Henry L. Diamond, as Commissioner of the Department of Environmental Conservation, Defendant.

Supreme Court, Special Term, Albany County.

November 28, 1973

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Stanley Fishman and Julius Feinstein of counsel), for defendant. Mayer, Zeck & Mayer for plaintiff.

JOHN H. PENNOCK, J.

This is a motion by the defendant, Henry L. Diamond, in this declaratory judgment action by the Board of Commissioners of Rockland County Sewer District No. 1, seeking an order of dismissal of the complaint. (CPLR 3211, subd. [a], pars. 6, 7.)

Plaintiff prays for declaratory judgment, declaring that, subsequent to April 15, 1971, plaintiff became eligible for State and Federal grants...

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