Portville Forest Products, Inc. v. Commissioner of the New York State Department of Environmental Conservation

OPINION OF THE COURT

J. Robert Houston, J.

This is a proceeding pursuant to CPLR article 78, in the nature of prohibition by which the petitioner seeks to restrain the Commissioner of Environmental Conservation from conducting an administrative hearing in his effort to enforce ECL article 15 as it relates to an alleged disturbance of a channel and creek bed on petitioner’s property. Petitioner is seeking a judgment enjoining the commissioner from holding an administrative hearing regarding the alleged violation. Respondent has cross-moved to dismiss this proceeding on the grounds that the…