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MTR. OF CMTY. ACTION v. LYONS

43 A.D.2d 201 (1974)

In the Matter of Community Action against Lead Poisoning, an Unincorporated Association, by its Chairman Ronald Stratton, et al., Respondents, v. John J. Lyons, as Commissioner of Health of The County of Albany, et al., Appellants

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

January 3, 1974.

Attorney(s) appearing for the Case

Condon A. Lyons, County Attorney (Robert E. Harris of counsel), for John J. Lyons, appellant.

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan and Ruth Kessler Toch of counsel), for Hollis S. Ingraham, appellant.

Legal Aid Society of Albany, Inc. (Lawrence F. Klepper and Lanny E. Walter of counsel), for respondents.

STALEY, JR., J. P., GREENBLOTT, SWEENEY and KANE, JJ., concur.

MAIN, J.

This is an appeal, by permission, from an order of the Supreme Court at Special Term, entered March 16, 1973 in Albany County, which denied appellants' motion to dismiss the petition.

This is a proceeding pursuant to article 78 of the CPLR in which petitioners seek an order in the nature of mandamus, requiring appellants to institute certain procedures, pursuant to the Public Health Law, the...

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