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MTR. OF TON-DA-LAY v. DIAMOND

44 A.D.2d 430 (1974)

In the Matter of Ton-Da-Lay, Ltd., Petitioner, and Franklin County et al., Intervenors-Petitioners, v. Henry L. Diamond, as Commissioner of Environmental Conservation, et al., Respondents, and Sierra Club, Intervenor-Respondent

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

May 16, 1974.

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman (David N. Ellenhorn and Peter J. Mansbach of counsel), for petitioner.

Louise Mills, County Attorney, and Adam Palmer, Town Attorney (Charles S. Desmond of counsel), for intervenors-petitioners.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein, Ruth Kessler Toch and Stanley Fishman of counsel), for Henry L. Diamond and another, respondents.

Kafin & Needleman (Neil E. Needleman of counsel), for intervenor-respondent.

STALEY, JR., J. P., GREENBLOTT, COOKE and REYNOLDS, JJ., concur.

KANE, J.

This is a proceeding pursuant to article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Essex County) to review a determination of the Commissioner of Environmental Conservation which rejected petitioner's applications for the approval of planned water supply and sewer treatment systems...

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