Legal Opinion

Stop-the-Barge v. Cahill

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 2002PublishedCited by 2 opinions

1Opinion of the CourtRose, J.

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered August 30, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted certain respondents’ motions to dismiss the petition as time-barred, and dismissed the petition against all respondents.

In January 2000, respondent New York City Department of Environmental Protection (hereinafter DEP), acting as lead agency, issued a conditioned negative declaration concerning an application by respondent NYC Energy, LLC, (hereinafter NYCE) to construct a 79.9 megawatt power generation facility on a barge to be…

2Cases cited10 opinions

  1. Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
  2. McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
  3. City of Saratoga Springs v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
  4. Browning v. BryantNew York Supreme Court · 1942
  5. Browning v. BryantAppellate Division of the Supreme Court of the State of New York · 1942

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3Cited by2 opinions

  1. Youngewirth v. Town of Ramapo Town BoardAppellate Division of the Supreme Court of the State of New York · 2012
  2. Youngewirth v. Town of Ramapo Town BoardAppellate Division of the Supreme Court of the State of New York · 2012

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