Legal Opinion
FMC Corp. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2017No. 523354PublishedCited by 4 opinions
1Opinion of the CourtAarons, J.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 7, 2016 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.
Petitioner commenced this CPLR article 78 proceeding challenging respondent’s determination in a June 2015 letter demanding that petitioner pay $2.8 million as expenses incurred in connection with a remediation plan and another determination in an August 2015 letter that referred the matter to the Attorney General. Respondent moved to dismiss the petition on the basis that the letters did not…
2Cases cited4 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- B & N Properties, LLC v. Elmar Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Edge Management Consulting, Inc. v. IrmasAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of FMC Corporation v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2016
3Cited by4 opinions
- Matter of HooverAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Doe v. Rensselaer Polytechnic Inst.Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of Kosmo Family Trust (Knipe Wieland--Savino)Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of TimmAppellate Division of the Supreme Court of the State of New York · 2025