Legal Opinion

Charles O. Desch, Inc. v. State

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

Decided December 30, 1975No. Claim No. 58666PublishedCited by 6 opinions

1Opinion of the CourtMain, J.

The claimant, a contracting firm, was the successful bidder on a watershed project in Greene County which involved the clearing of an extensive area of land. In furtherance of the performance of its obligation under the contract, the claimant applied to the New York State Department of Environmental Conservation (hereinafter EnCon) for a burning permit so as to enable it to burn useless felled timbers and underbrush. On June 11, 1973 an unidentified employee of EnCon wrote to the claimant advising as follows: "Our policy on State and/or federally funded projects is not to allow open burning.…

2Cases cited4 opinions

  1. Gross v. StateAppellate Division of the Supreme Court of the State of New York · 1969
  2. Burgundy Basin Inn, Ltd. v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  3. Jacobson v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1973
  4. Richardson v. CoyAppellate Division of the Supreme Court of the State of New York · 1967

3Cited by6 opinions

  1. County of Broome v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  2. Charles O. Desch, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  3. Eden v. StateNew York Court of Claims · 1980
  4. Chung v. StateNew York Court of Claims · 1984
  5. Sweet v. StateNew York Court of Claims · 1982

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