Lee Oil Co. v. Jorling

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: The court erred in ordering the Department of Environmental Conservation (DEC) to transfer well plugging responsibilities from Allegro Oil Company (Allegro) to Lee Oil Company, Inc. (Lee Oil). Because the *1073CPLR article 78 proceeding was commenced 10 months after the denial of the transfer by DEC, it was barred by both the 60-day limitation period set forth in ECL 23-0307 and the four-month period in CPLR 217. The Environmental Conservation Law does not authorize reconsideration of a determination (ECL…