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MTR. OF HAMILTON v. DIAMOND

42 A.D.2d 465 (1973)

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

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

November 8, 1973.

Attorney(s) appearing for the Case

Doig, Cornell & Mandel (David I. Shivitz and J. Martin Cornell of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Olin Harper Le Compte and Ruth Kessler Toch of counsel), for Henry L. Diamond and another, respondents.

Windheim, Bernard, Prindle & Maidman (Aaron G. Windheim of counsel), for Eberhard M. Thiermann, respondent.

HERLIHY, P. J., GREENBLOTT, COOKE and REYNOLDS, JJ., concur.

MAIN, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered August 9, 1972 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to declare a determination of the respondent Commissioner of Environmental Conservation, granting a permit to fill in the Hudson River at 190 River Road, Grand View-on-Hudson, illegal and void and to direct...

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