Legal Opinion

Chem-Trol Pollution Services, Inc. v. Ingraham

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1973PublishedCited by 8 opinions

1Opinion of the CourtSimons, J.

This is an appeal from a judgment of Special Term which dismissed the petition for lack of jurisdiction because petitioner failed to serve the order to show cause and the petition on the Attorney-General, pursuant to subdivision (c) of CPLR 7804, within the statutory limitation period.

Petitioner is a tenant and contractually obliged to purchase 240 acres of land in Niagara County formerly owned by the United States Atomic Energy Commission and used by it as a storage area for radioactive materials. Petitioner intends to develop the land for antipollution services to reclaim and remove…

2Cases cited1 opinion

  1. Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936

3Cited by8 opinions

  1. Marmo v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1987
  2. Upstate Milk Cooperatives, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  3. Schanbarger v. New York State Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1984
  4. Cohen v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1976
  5. Iannelli v. LeventhalAppellate Division of the Supreme Court of the State of New York · 1980

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