Clean Water Advocates of New York, Inc. v. New York State Department of Environmental Conservation

Appeal from a judgment of the Supreme Court *1007(Teresi, J.), entered October 4, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed petitioner’s application.

Petitioner, a not-for-profit corporation, commenced this CPLR article 78 proceeding challenging a determination by respondent Department of Environmental Conservation (hereinafter DEC) to accept the stormwater pollution prevention plan (hereinafter SPPP) submitted by respondents Wal-Mart Real Estate Business Trust and Wal-Mart Stores, Inc. (hereinafter collectively referred to as Wal-Mart) in connection with…