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MTR OF SUTHERLAND v. GLENNON

157 Misc.2d 547 (1993)

598 N.Y.S.2d 141

In the Matter of David Sutherland et al., Petitioners, v. Robert C. Glennon, as Executive Director of Adirondack Park Agency, et al., Respondents.

Supreme Court, Hamilton County.

March 31, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Louise G. Roback of counsel), for respondents. Lustberg & Ferretti, Long Lake, for petitioners.

WILLIAM H. KENIRY, J.

This is a combined CPLR article 78 proceeding and declaratory judgment action arising out of an administrative enforcement proceeding initiated by respondent Adirondack Park Agency (APA) against petitioners.

The merits of petitioners' claims are not yet before the court. The parties are skirmishing over a preliminary procedural issue. The proceeding was initiated by the service...

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