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TN OF POUGHKEEPSIE v. FLACKE

84 A.D.2d 1 (1981)

In the Matter of The Town of Poughkeepsie, Appellant, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

December 28, 1981

Attorney(s) appearing for the Case

David D. Hagstrom (Anthony DeRosa of counsel), for appellant.

Robert Abrams, Attorney-General (Kathleen Liston Morrison, James A. Sevinsky and Shirley Adelson Siegel of counsel), for Robert F. Flacke, respondent.

HOPKINS, J. P., RABIN and O'CONNOR, JJ., concur.

COHALAN, J.

This appeal is from a judgment of the Supreme Court, Dutchess County, that dismissed the petition in a CPLR article 78 proceeding (105 Misc.2d 149). The proceeding was brought on the petition of the Town of Poughkeepsie (Town) to annul the determination of the Commissioner of the State Department of Environmental Conservation (DEC) which authorized the operation...

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