Legal Opinion
Riccelli Enterprises, Inc. v. New York State Department of Environmental Conservation
New York Supreme Court
Decided December 14, 2010PublishedCited by 1 opinion
1Opinion of the Court
*575OPINION OF THE COURT
Donald A. Greenwood, J.
The defendants New York State Department of Environmental Conservation (hereinafter, DEC) and Alexander B. Grannis, as its Commissioner, initially moved to convert the plaintiffs action from that seeking a declaratory judgment to a CPLR article 78 petition, and then for an order dismissing the article 78 proceeding as untimely pursuant to CPLR 3211 (a) (5). The plaintiff then cross-moved to convert the defendants’ motion to dismiss to one for summary judgment pursuant to CPLR 3212. In an order dated November 16, 2010, this court granted the…
2Cases cited10 opinions
- Miller v. FloridaSupreme Court of the United States · 1987
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Solnick v. WhalenNew York Court of Appeals · 1980
- Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationNew York Court of Appeals · 2010
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3Cited by1 opinion
- New York Construction Materials Ass'n v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011