New York Public Interest Research Group, Inc. v. Williams

OPINION OF THE COURT

Irving Kirschenbaum, J.

This is a CPLR article 78 proceeding instituted by petitioner New York Public Interest Research Group (NYPIRG) seeking an order enjoining respondent New York State Department of Environmental Conservation (DEC) from conducting a public hearing on the application of Signal Environmental Systems, Inc. for permits to construct and operate a garbage burning plant at the Brooklyn Navy Yard in New York City. Petitioner alleges that the hearings as contemplated are "tainted by a conflict of interest” on the part of the designated Administrative Law Judge.

The…