Legal Opinion
Godfrey v. Winona Lake Development Co.
New York Supreme Court
Decided November 13, 1946PublishedCited by 6 opinions
1Opinion of the CourtBergan, J.
The violation of an order or regulation of the State Commissioner of Health creates a liability for a penalty of $50 for each violation. (Public Health Law, § 17.) The subject of sewage plants is within the powers of regulation delegated to the commissioner.
It is pleaded in the complaint, and not denied in the answer, that ■ defendant undertook to install a sewage treatment plant. It is not denied that a hearing was conducted under the direction of the Commissioner of Health; that a decision was made by the commissioner in the form attached to the complaint, and that a review of the…
2Cases cited4 opinions
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Mayor, Etc., of City of N.Y. v. . DavenportNew York Court of Appeals · 1883
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Sheils v. FlynnNew York Supreme Court · 1937
3Cited by6 opinions
- Equitable Paper Bag Co. v. Consolidated Edison Co. of New York, Inc.New York Supreme Court · 1958
- Grossman v. HilleboeAppellate Division of the Supreme Court of the State of New York · 1962
- Grossman v. HilleboeAppellate Division of the Supreme Court of the State of New York · 1962
- Hilleboe v. FaulknerAppellate Division of the Supreme Court of the State of New York · 1960
- In re the Arbitration between Union Free School District No. 2 & Queensbury Faculty Ass'nNew York Supreme Court · 1973
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