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MATTER OF MACDONALD v. REID

85 Misc.2d 291 (1976)

In the Matter of William M. MacDonald et al., Petitioners, v. Ogden Reid, as Commissioner of the Department of Environmental Conservation of the State of New York, Respondent, and Darswan, Inc., Intervenor-Respondent.

Supreme Court, Westchester County.

January 15, 1976

Attorney(s) appearing for the Case

Edwin C. Halter, Jr., and Berle, Butzel & Kass for petitioners. Louis J. Lefkowitz, Attorney-General, for respondent. Paskus, Gordon & Hyman for intervenor-respondent.

P. RAYMOND SIRIGNANO, J.

In this proceeding brought by petitioners to set aside and annul an environment permit issued on December 27, 1974 by the respondent Commissioner of the Department of Environmental Conservation, the respondent and the intervenor-respondent move separately to dismiss the petition as a matter of law, upon the ground that this action is barred by the Statute of Limitations as contained...

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