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Russell v. Williams

122 A.D.2d 569 Court N.Y. App. Div. Decision date 1986-07-11 English

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p. 569
In the Matter of Nancy D. Russell et al., Appellants, v Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Judgment unanimously affirmed, without costs. Memorandum: The service of the petition was not properly made and thus this proceeding was properly dismissed (CPLR 7804 [c]; Matter of Quogue Assoc. v New York State Dept. of Envtl. Conservation, 112 AD2d 999 ). (Appeal from judgment of Supreme Court, Onondaga County, Donovan, J. — art 78.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.