SCHWARTZMAN v. BERLE


98 Misc.2d 936 (1979)

Arnold Schwartzman, on Behalf of Himself and All Other Persons Similarly Situated, Petitioner, v. Peter A. A. Berle, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Rockland County.

March 26, 1979


Attorney(s) appearing for the Case

Reeder & Abel for petitioner. Robert Abrams, Attorney-General, for respondent.


THEODORE A. KELLY, J.

Petitioner brings this article 78 proceeding on behalf of himself and all persons similarly situated to annul respondent Berle's determination denying his application for a permit to take a deer of either sex during the 1978 New York State big game season. Petitioner also seeks a declaration that ECL 11-0913 (subd 1, par b) and 11-0913 (subd 2, par f) are unconstitutional, and other related relief, including attorneys' fees.

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