TN OF JUNIUS v. FLACKE


71 A.D.2d 423 (1979)

Town of Junius et al., Respondents, v. Robert F. Flacke, as Commissioner of Environmental Conservation of The State of New York, Appellant

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

December 14, 1979


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Murray Susswein, Jeremiah Jochnowitz and Francis J. Keehan of counsel), for appellant.

John M. Sipos for respondents.

CARDAMONE, J. P., SIMONS, HANCOCK, JR., and MOULE, JJ., concur.


DOERR, J.

On June 20, 1978 the State Department of Environmental Conservation served a notice on the Town of Junius charging a violation of Part 360 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. A public hearing was held on August 1, 1978 pursuant to the Environmental Conservation Law. The hearing officer for the department found that the town operates a solid...

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