Weismann v. Jorling

OPINION OF THE COURT

Daniel F. Luciano, J.

Motion by the respondent, Thomas C. Jorling, Commissioner, New York State Department of Environmental Conservation, for an order dismissing the petition pursuant to CPLR 3211 (a) (8) is granted.

Pursuant to the parties’ agreement the hearing to determine the issue of jurisdiction ordered pursuant to this court’s order dated September 5, 1990 has been rendered unnecessary as the parties have stipulated to the relevant facts and submitted the issue for a determination on a question of law.

The petitioners, Henry Weismann and Frank Flynn, com*684menced this…