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HEATH v. DIAMOND

82 Misc.2d 217 (1975)

David P. Heath, Petitioner, v. Henry L. Diamond, as Commissioner of the Department of Environmental Conservation of the State of New York, Respondent. Francis E. Elliott, Petitioner, v. Henry L. Diamond, as Commissioner of the Department of Environmental Conservation of the State of New York, Respondent.

Supreme Court, Special Term, Schuyler County.

May 21, 1975

Attorney(s) appearing for the Case

Hoover & Balok (Judson R. Hoover of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (James E. Carroll, Jr., of counsel), for respondent.

CHARLES B. SWARTWOOD, J.

These are proceedings under CPLR article 78 to annul the separate orders of the respondent revoking "all hunting, trapping and big game licenses and all bow hunting stamps" held by the petitioners for a period of five years under ECL 11-0719 (subd 1).

There is no dispute as to what occurred procedurally. On December 12, 1973 both petitioners were arrested by an Environmental...

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