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DUFLO SPRAY-CHEM. v. JORLING

153 A.D.2d 244 (1990)

In the Matter of Duflo Spray-Chemical, Inc., et al., Petitioners, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, Respondent

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

January 25, 1990

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (David L. Cook and Thomas S. West of counsel), for petitioners.

Robert Abrams, Attorney-General (Martha McCabe, Peter H. Schiff and Val E. Washington of counsel), for respondent.

CASEY, J. P., MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.

MERCURE, J.

Petitioner Duflo Spray-Chemical, Inc. (hereinafter petitioner) is a corporation which has engaged in the commercial aerial application of pesticides since 1955, using specially equipped airplanes. Petitioner Jeffrey T. Duflo (hereinafter Duflo) is the president of petitioner and a certified pesticide applicator. Petitioner has, for a number of years, contracted with many Adirondack area municipalities...

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