MATTER OF TON-DA-LAY, LTD. v. Diamond

36 N.Y.2d 856 (1975)

In the Matter of Ton-Da-Lay, Ltd., Respondent, and Franklin County et al., Intervenors-Respondents,

v.

Henry L. Diamond, as Commissioner of Environmental Conservation, et al., Appellants, and Sierra Club, Intervenor-Appellant.

Court of Appeals of the State of New York.

Submitted March 10, 1975.

Decided May 8, 1975.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Stanley Fishman and Julius Feinstein of counsel), and Robert J. Kafin for motions.

Charles S. Desmond and David N. Ellenhorn opposed.

Motions dismissed, with $20 costs and necessary reproduction disbursements. The…