Batavia Kill Watershed District v. Charles O. Desch, Inc. , 57 N.Y.2d 796 ( 1982 )

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. Clarence Herlihy at the Appellate Division (83 AD2d 97). Question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.