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DESCH, INC. v. STATE OF N.Y.

50 A.D.2d 253 (1975)

Charles O. Desch, Inc., Respondent, v. State of New York, Appellant. (Claim No. 58666.)

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

December 30, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.

Di Fabio & Couch, P. C. (Leslie F. Couch of counsel), for respondent.

GREENBLOTT, J. P., and SWEENEY, J., concur with MAIN, J.; KOREMAN and REYNOLDS, JJ., dissent and vote to reverse in an opinion by KOREMAN, J.

MAIN, J.

The claimant, a contracting firm, was the successful bidder on a watershed project in Greene County which involved the clearing of an extensive area of land. In furtherance of the performance of its obligation under the contract, the claimant applied to the New York State Department of Environmental Conservation (hereinafter EnCon) for a burning permit so as to enable it to burn useless felled timbers...

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