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WEISMANN v. JORLING

150 Misc.2d 683 (1991)

Henry Weismann et al., Petitioners, v. Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Suffolk County.

March 29, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, for respondent. Twomey, Latham, Shea & Kelley for petitioners.

DANIEL F. LUCIANO, J.

Motion by the respondent, Thomas C. Jorling, Commissioner, New York State Department of Environmental Conservation, for an order dismissing the petition pursuant to CPLR 3211 (a) (8) is granted.

Pursuant to the parties' agreement the hearing to determine the issue of jurisdiction ordered pursuant to this court's order dated September 5, 1990 has been rendered unnecessary as the parties have stipulated to the relevant facts...

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