Destiny USA Development, LLC v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered June 10, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part of the third decretal paragraph declaring null and void the “guidance” and “guide factors” issued pursuant to ECL 3-0301 (2) (z) and by vacating the fourth decretal paragraph and as modified the judgment is affirmed without costs.
Memorandum: Petitioners commenced this CPLR…
2Cases cited16 opinions
- Rescue Army v. Municipal Court of Los AngelesSupreme Court of the United States · 1947
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Medical Society v. SerioNew York Court of Appeals · 2003
- Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
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3Cited by7 opinions
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationNew York Court of Appeals · 2010
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- Comedy Playhouse, LLC v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Dolloff v. DolloffNew York Surrogate's Court · 2015
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