Heath v. Diamond

These are proceedings under CPLR article 78 to annul the separate orders of the respondent revoking "all hunting, trapping and big game licenses and all bow hunting stamps” held by the petitioners for a period of five years under ECL 11-0719 (subd 1).

There is no dispute as to what occurred procedurally. On December 12, 1973 both petitioners were arrested by an Environmental Conservation officer for jointly taking a doe deer out of season on that date in violation of ECL 11-0901 (subd 10), which is a misdemeanor (ECL 71-0921). On the same date both plead guilty to the charge before a Justice…