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BATAVIA KILL WATERSHED DISTRICT IN THE COUNTY OF GREENE, Respondent, v. CHARLES O. DESCH, INC., et al., Appellants.

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. CLARENCE HERLIHY at the Appellate Division ( 83 A.D.2d 97). Question certified answered in the affirmative.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

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BATAVIA KILL WATERSHED DISTRICT v. CHARLES O. DESCH
(Oct 5, 1982)