Majority
p. 1068Henry L. Diamond, as Commissioner of Environmental Conservation of the State of New York, Respondent, v. Kenneth Appleton, Appellant.
Memorandum: Recognizing fully the emergency nature of this matter, we deem it imperative that trial of the permanent injunction action be had immediately. In so determining the motion for a stay we do not reach the question of defendant’s right to have his appeal from the temporary injunction heard, and we grant the limited extension of the stay for the express purpose of facilitating final determination of this action.