Patchogue Scrap Iron & Metal Co. v. Ingraham

Motion to dismiss a petition in an article 78 proceeding pursuant to CPLR 7804 (subd. [f]) on the following ground:

The petition herein was never delivered to the proper person on behalf of the proposed respondents, Hollis S. Ingraham, 'Commissioner of the Department of Health, State of New York, and the Air Pollution Control Board, in accordance with the 'Civil Practice Law and Rules, and therefore the court has no jurisdiction of the said proposed respondents.

Petitioner has instituted an article 78 proceeding to review and set aside an air pollution abatement order made by the respondent…