MATTER OF KERNESS v. BERLE


85 A.D.2d 695 (1981)

In the Matter of Leo Kerness, Respondent, et al., Petitioners, v. Peter A. A. Berle, as Commissioner of The Department of Environmental Conservation, State of New York, Appellant, and John M. Flynn, as Commissioner of The Suffolk County Department of Environmental Conservation, Respondent

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

December 28, 1981


Order, as resettled, reversed insofar as appealed from, on the law, without costs or disbursements, motion to dismiss as to petitioner Leo Kerness granted, and the petition as to him is dismissed.

In this article 78 proceeding, petitioners seek an order in the nature of mandamus requiring the State and County Commissioners of Environmental Conservation to compel 83 entities, such as motels, hotels, restaurants, nursing homes and country clubs, to obtain permits pursuant...

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