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SCHENECTADY CHEMS. v. FLACKE

104 Misc.2d 1079 (1980)

Schenectady Chemicals, Inc., Petitioner, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 8, 1980.

Attorney(s) appearing for the Case

Higgins, Roberts, Beyerl & Coan, P. C., for petitioner. Robert Abrams, Attorney-General (Peter G. Crary of counsel), for Robert F. Flacke, and another, respondents. Rowlands, Lunden & Miller (Patrick J. McGrath of counsel), for Bonded Concrete, Inc., respondent. Whiteman, Osterman & Hanna (John Hanna, Jr., of counsel), for Town of Rotterdam.

LAWRENCE E. KAHN, J.

Petitioner, Schenectady Chemicals, Inc., by way of a CPLR article 78 proceeding, seeks to annul, vacate, and set aside as illegal and void, a certain mining permit number 00122 which was heretofore issued by respondent.

Petitioner is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal offices at Congress...

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