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VILLANI v. BERLE

91 Misc.2d 603 (1977)

Alex Villani et al., and Others Similarly Situated, Plaintiffs, v. Peter A. A. Berle, as Commissioner of the New York State Department of Environmental Conservation, et al., Defendants. (Action No. 1.) Town of Babylon et al., Plaintiffs, v. Donald Middleton, as Regional Director of the New York State Department of Environmental Conservation, et al., Defendants. (Action No. 2.)

Supreme Court, Special Term, Suffolk County.

September 26, 1977

Attorney(s) appearing for the Case

John R. Curti for plaintiffs in Action No. 1. Joseph F. Klein and Hugh J. Leitch for plaintiffs in Action No. 2. Louis J. Lefkowitz, Attorney-General (Philip Weinberg and John G. Proudfit of counsel), for defendants.

LAWRENCE J. BRACKEN, J.

The within actions and proceedings seek to restrain, set aside and enjoin certain orders of the Commissioner of Environmental Conservation, which orders have directed the closing of certain areas to the harvesting of shellfish on public health grounds pursuant to ECL 13-0307, and which areas are located in Huntington Harbor, Town of Huntington, Setauket Harbor and Conscience Bay, Town...

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