New York Construction Materials Ass'n v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from a judgment of the Supreme Court (Williams, J.), entered April 26, 2010 in Saratoga County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, among other things, declare ECL 19-0323 to be unconstitutional and annul certain regulations promulgated by respondent Department of Environmental Conservation.
In August 2006, the Legislature enacted the Diesel Emissions Reduction Act (hereinafter DERA) to address the public health threat posed by diesel fuel combustion (see L 2006, ch 629, §§ 1, 2; ECL…
2Cases cited16 opinions
- Smith v. DoeSupreme Court of the United States · 2003
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Levine v. WhalenNew York Court of Appeals · 1976
- In re the Claim of GruberNew York Court of Appeals · 1996
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3Cited by8 opinions
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- Matter of American University of Antigua v. CGFNS InternationalAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Juarez v. New York State Off. of Victim Servs.Appellate Division of the Supreme Court of the State of New York · 2019
- Ronen v. RedRoute, Inc.District Court, E.D. New York · 2025
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