Legal Opinion

Brodsky v. New York State Department of Environmental Conservation

New York Supreme Court

Decided January 27, 2003PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Thomas W Keegan, J.

Petitioners have commenced a CPLR article 78 proceeding in the nature of mandamus seeking to compel a determination of an application for a state pollution discharge ehmination system (hereinafter SPDES) permit, to compel public hearings on such permit application, and to compel a review of the underlying SPDES permit pursuant to the provisions of Environmental Conservation Law § 17-0817. The state respondents have moved *692to dismiss the proceeding on the ground that the petition fails to state a claim. The Entergy respondents have moved to dismiss on the…

2Cases cited9 opinions

  1. Klostermann v. CuomoNew York Court of Appeals · 1984
  2. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 1995
  3. Silver v. PatakiNew York Court of Appeals · 2001
  4. Committee to Preserve Brighton Beach & Manhattan Beach, Inc. v. Planning Commission of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  5. Kupersmith v. Public Health CouncilAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by1 opinion

  1. Tooker v. New York State Crime Victims Board-Executive DepartmentNew York Supreme Court · 2011

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