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MATTER OF NEW YORK STATE ELEC. & GAS CORP. v. COMM'R OF THE DUTCHESS COUNTY DEP'T OF PUB. WORKS

205 A.D.2d 1033 (1994)

613 N.Y.S.2d 784

In the Matter of New York State Electric & Gas Corporation, Appellant, v. Commissioner of the Dutchess County Department of Public Works et al., Respondents

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

June 30, 1994

Yesawich Jr., J.

In January 1992, petitioner applied to respondent Dutchess County Superintendent of Highways for a permit to upgrade its facilities along County Route 81 in the Town of Amenia, Dutchess County, and specifically to replace 22 utility poles. In accordance with a policy statement filed with the County Clerk in March 1991 (hereinafter the pole policy) — declaring that all utility poles within...

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