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CO. OF ONEIDA v. BERLE

91 Misc.2d 694 (1977)

In the Matter of the County of Oneida et al., Petitioners, v. Peter A. Berle, Individually and as Commissioner of Department of Environmental Conservation of State of New York, et al., Respondents.

Supreme Court, Oneida County.

August 30, 1977

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe, Beilewech & Dopkins (James L. Magavern of counsel), for County of Erie and others, petitioners. Donald E. Keinz, County Attorney (Rocco L. Mascaro of counsel), for County of Oneida, petitioner. Ralph I. Greenhouse, County Attorney (John R. Voninski of counsel), for County of Onondaga, petitioner. Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for respondents.

JAMES P. O'DONNELL, J.

Three separate article 78 proceedings were brought on before this court; one each by the Counties of Oneida, Onondaga and Erie, as well as some other townships and sewer districts within the County of Erie and the proceeding was argued before this court in Oneida County as a consolidated proceeding, upon stipulation of all parties. All three units of government challenged the Commissioner...

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