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Salmon v. Flacke

91 A.D.2d 868 Court N.Y. App. Div. Decision date 1982-12-17 Docket Appeal No. 2 English

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p. 868
In the Matter of Clinton A. Salmon, Individually and as Supervisor of the Town of Sardinia, Respondent, v Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, and Richard Penfold, as President of Chaffee Landfill, Inc., Appellant.
(Appeal No. 2.)

— Order unanimously reversed, without costs, and motion to renew granted, in accordance with same memorandum as in Matter of Salmon v Flacke (Appeal No. 1) ( 91 AD2d 867 ). (Appeal from order of Supreme Court, Erie County, Doyle, J. — reargue and renew.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.