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HERRICK v. INGRAHAM

46 A.D.2d 546 (1975)

Everett W. Herrick, Respondent, v. Hollis J. Ingraham, as Commissioner of Health of The State of New York, et al., Appellants

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

February 6, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for appellants.

Levene, Gouldin & Thompson (Paul C. Gouldin of counsel), for respondent.

Stanley Bryer for The Natural Resources Defense Council, Inc., and others, amici curiae.

HERLIHY, P. J., and MAIN, J., concur with SWEENEY, J.; KANE and REYNOLDS, JJ., concur in part and dissent in part in an opinion by KANE, J.

SWEENEY, J.

After receiving a "Notice of Complaint" from the State Department of Health for alleged violations of section 1116 of the Public Health Law, respondent commenced this action for a declaratory judgment and obtained a stay of the proceeding taken by the Health Department pending the outcome of the action. The trial court, after a nonjury trial, found that section 1116 and related sections of the Public...

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