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VIL. OF SCARSDALE v. JORLING

168 Misc.2d 1 (1995)

647 N.Y.S.2d 344

Village of Scarsdale, Petitioner, v. Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, and County of Westchester, Intervenor-Petitioner.

Supreme Court, Westchester County.

December 1, 1995

Attorney(s) appearing for the Case

Klein, Zelman, Briton, Rothermel & Dichter, New York City (David O. Klein of counsel), for petitioner. Dennis C. Vacco, Attorney-General, New York City, for Thomas C. Jorling, respondent. Paul A. Crotty, Corporation Counsel of New York City, for New York City Water Board, respondent. Marilyn J. Slaatten, County Attorney of Westchester County, White Plains (Steven T. Sledzik of counsel), for intervenor-petitioner.

DONALD N. SILVERMAN, J.

The instant matter was originally commenced pursuant to CPLR article 78. It seeks various forms of relief including mandamus to review, mandamus to compel, and prohibition. Specifically, petitioner originally sought to: (1) annul and cancel an interim decision of respondent Thomas Jorling rendered on November 22, 1994, which held, in part, that the Department of Environmental Conservation...

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