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FLACKE v. TOWN OF FINE

113 Misc.2d 56 (1982)

Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, Plaintiff, v. Town of Fine, Defendant.

Supreme Court, St. Lawrence County.

February 19, 1982

Attorney(s) appearing for the Case

Nelson, Nelson & O'Donnell (David S. Nelson of counsel), for defendant. Robert Abrams, Attorney-General (Lawrence A. Rappoport of counsel), for plaintiff.

EDMUND L. SHEA, J.

Plaintiff seeks a permanent injunction restraining the defendant Town of Fine from performing certain work beyond the surface of a town road through the forest preserve without first applying to the Department of Environmental Conservation for a permit. Plaintiff was granted a preliminary injunction in this matter on May 2, 1980, when the defendant defaulted on the motion.

By this motion, originally returnable November 4, 1981...

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