Flax v. Ash

OPINION OF THE COURT

Edward J. Greenfield, J.

This CPLR article 78 proceeding seeks a judgment vacating the contingent grant by the respondent officials of the New York State Department of Environmental Conservation (DEC) *829to the United States Navy of a water quality certificate, which enabled the Navy to proceed with its plans for the construction of a homeport base and facilities on Staten Island for a battleship surface action group, and a preliminary injunction to compel revocation of the water quality certification which led to permission to commence dredging.

The court on this application…