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MATTER OF KING v. DOH

153 Misc.2d 973 (1992)

In the Matter of Donald King et al., Petitioners, v. New York State Department of Health, Respondent.

Supreme Court, Albany County.

March 31, 1992

Attorney(s) appearing for the Case

DeGraff, Foy, Holt-Harris & Mealey (William S. Helmer of counsel), for petitioners. Robert Abrams, Attorney-General (Terrence X. Tracy of counsel), for respondent.

WILLIAM H. KENIRY, J.

The issue presented in this CPLR article 78 proceeding is whether a hearing was required to be held before the respondent, the New York State Department of Health (DOH), could rescind its approvals permitting the construction of a 47-lot mobile home park.

Petitioners are the owners of an 80-acre tract of land on Spring Road in the Town of Amsterdam, Montgomery County. In 1989, they applied to DOH for approvals to construct...

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