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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

Motions dismissed, with $20 costs and necessary reproduction disbursements. The decision of the commissioner having been confirmed at the Appellate Division, movants cannot be said to be aggrieved parties (CPLR 5511) in consequence of views expressed in the opinion in that court which movants may argue in an appropriate case were not essential to its disposition.

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MATTER OF TON-DA-LAY, FRANKLIN COUNTY v. DIAMOND
(May 8, 1975)