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RAPPL & HOENIG v. EN CON

61 A.D.2d 20 (1978)

In the Matter of Rappl & Hoenig Co., Inc., Appellant, v. New York State Department of Environmental Conservation et al., Respondents

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

January 20, 1978

Attorney(s) appearing for the Case

Martin, Dutcher, Mousaw, Vigdor & Reeves (James S. Grossman of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein and Ruth Kessler Toch of counsel), for respondents.

CARDAMONE, J. P., SIMONS, DENMAN and WITMER, JJ., concur.

DILLON, J.

Petitioner appeals from a judgment dismissing its article 78 petition based upon respondents' objections in point of law (CPLR 7804, subd [f]). For purposes of respondents' motion, the facts alleged in the petition are deemed to be true and are considered in the light most favorable to petitioner (Matter of Nistal v Hausauer, 308 N.Y. 146; Matter of Board of...

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