HELGAR REALTY v. EN CON


98 Misc.2d 56 (1979)

In the Matter of Helgar Realty Corp. et al., Petitioners, v. Commissioner of Environmental Conservation, Respondent.

Supreme Court, Special Term, Ulster County.

February 1, 1979


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin H. Schulman of counsel), for respondent. Ralph F. Clements, Jr., and Robert L. Carnright for petitioners.


ROGER J. MINER, J.

In this motion to dismiss the petition in point of law respondent contends that he is an improper party and that the notice of petition and petition were not properly served upon him in any event.

It appears that petitioner is seeking judicial review of a determination made by the Freshwater Wetlands Appeal Board (Board) on July 10, 1978 and filed in the office of the Ulster County Clerk on August 18, 1978. Petitioners object...

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