MTR. OF POMEROY v. WHALEN


58 A.D.2d 21 (1977)

In the Matter of Ethel R. Pomeroy, Petitioner, v. Robert P. Whalen, as Commissioner of Health, et al., Respondents

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

June 9, 1977.


Attorney(s) appearing for the Case

Carey, LaRocque & Piasecki (John A. Piasecki of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Peter G. Crary and Ruth Kessler Toch of counsel), for respondents.

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


KANE, J.

Petitioner owned over 250 acres of land in the Town of North Elba, Essex County. In 1968 she obtained conditional approval from the respondents to subdivide a certain portion of this property known as Highland Acres. However, by notice dated July 18, 1975 she was charged with 22 violations of section 1116 of the Public Health Law for selling that number of lots from an allegedly unapproved subdivision...

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