SYLVAN BEACH v. HEALTH DEPT.


134 Misc.2d 437 (1987)

In the Matter of the Village of Sylvan Beach et al., Petitioners, v. New York State Department of Health et al., Respondents.

Supreme Court, Oneida County.

January 21, 1987


Attorney(s) appearing for the Case

Rocco A. DePerno and Frederick W. Murad for petitioners. Robert Abrams, Attorney-General (Aniela J. Carl of counsel), for respondents.


ANTHONY F. SHAHEEN, J.

The petitioners have commenced this CPLR article 78 proceeding to compel the respondents to accept and approve their map and plan for a water pollution abatement (sewer) project. The respondents oppose such article 78 relief and raise several objections in point of law.

The facts herein are uncontroverted. Prior to commencing their water pollution abatement project in 1976, the...

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