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ALLEGRO OIL v. McGRANAHAN

147 Misc.2d 1034 (1990)

Allegro Oil and Gas, Inc., Plaintiff, v. C. Bruce McGranahan, as Region 9 Mineral Resources Program Manager, et al., Defendants.

Supreme Court, Allegany County.

June 15, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maria Semidei-Otero of counsel), for defendants. Embser & Woltag (G. William Gunner, III, of counsel), for plaintiff.

PETER R. SPRAGUE, J.

ISSUES

Pursuant to CPLR 3212, the defendants have moved for an order granting summary judgment dismissing the complaint.

Pursuant to CPLR 2215 and 3212 (e), the plaintiff has cross-moved for partial summary judgment. The plaintiff asks the court to declare that the "other than existing pool" regulation contained in 6 NYCRR 556.5 (b) "does not apply to existing pools...

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