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MODJESKA SIGN v. BERLE

55 A.D.2d 340 (1977)

Modjeska Sign Studios, Inc., Appellant, v. Peter A. A. Berle, Individually and as Commissioner of The Department of Environmental Conservation of the State of New York, Respondent, and Charles A. Dale, Jr., as President and on Behalf of The Outdoor Advertising Association of New York, Intervenor-Appellant

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

January 20, 1977

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Carl W. Peterson, Jr., of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Stanley Fishman, Susan Marie Tatro and Ruth Kessler Toch of counsel), for respondent.

Jaeckle, Fleischmann & Mugel (Henry W. Killeen, III, of counsel), for intervenor-appellant.

KOREMAN, P. J., GREENBLOTT, MAIN and HERLIHY, JJ., concur.

MAHONEY, J.

Plaintiff is the owner of approximately 96 outdoor advertising signs over 95% of which are located within 660 feet of Federally-aided highways passing through the Catskill Park. Section 9-0305 of the Environmental Conversation Law prohibits the erection and/or maintenance of advertising signs and structures within the Catskill and Adirondack Parks without a written permit of the Department of Environmental...

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