Van Patten v. Ingraham

Petitioner, the developer of a tract of land in Saratoga County, having instituted this article 78 proceeding seeking judgment directing the Commissioner of Health of the State of New York “to issue the sewer permit to your petitioner that he failed to issue in December, 1965 and further directing said Commissioner to issue the modified permit that he caused to be prepared on June 2, 1966 ”, respondent moves to dismiss upon objections in point of law: (1) that the petition fails to state facts sufficient to constitute grounds for the relief sought, and (2) that the petition is premature.

The…