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MATTER OF STAPF v. FLACKE

111 Misc.2d 368 (1981)

In the Matter of Marion Stapf, Petitioner, v. Robert Flacke, as Commissioner of the Department of Environmental Conservation of the State of New York, Respondent.

Supreme Court, Special Term, Rensselaer County.

September 14, 1981

Attorney(s) appearing for the Case

Wagner, Taylor, Howd, Brearton & Kessler for petitioner. Robert Abrams, Attorney-General (Patricia Martinelli of counsel), for respondent.

AARON E. KLEIN, J.

By order to show cause dated July 2, 1981, the petitioner has commenced a CPLR article 78 proceeding in the nature of mandamus (CPLR 7803, subd 1) for a judgment directing the respondent to issue a permit, pursuant to ECL 15-0505 and 70-0109 (subd 3, pars [a], [b]) so as to enable the petitioner to fill a man-made pond located on her premises. The respondent has moved by notice of motion to dismiss the petition on objections in point...

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