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MTR. OF GREENE v. DIAMOND

75 Misc.2d 724 (1973)

In the Matter of Arthur Greene, Petitioner, v. Henry L. Diamond, as Commissioner of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, Albany County.

March 28, 1973

Attorney(s) appearing for the Case

Edward J. Filipowicz for petitioner. Louis J. Lefkowitz, Attorney-General (Stanley Fishman and Joseph F. Gibbons of counsel), for Henry L. Diamond, respondent. Nathaniel Rubin for Town of Poughkeepsie, respondent.

JOHN L. LARKIN, J.

In this article 78 proceeding brought by Arthur Greene, a taxpayer in the City of Poughkeepsie, the respondent, Henry L. Diamond now moves pursuant to CPLR 7804 (subd. [f]) to dismiss the petition on the ground that it is insufficient as a matter of law and it is barred by the 60-day Statute of Limitations; that it sets forth no clear, legal right to the relief requested and that, as a matter of law, the petition is insufficient on...

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