Legal Opinion

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 2015No. 519466PublishedCited by 14 opinions

1Opinion of the CourtClark, J.

Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 26, 2013 in Albany County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review respondents’ modification to an existing designation of a certain stretch of the Hudson River as a statutorily protected environmental habitat.

Petitioners are the owners and operators of Indian Point Energy Center, a nuclear power facility. In July 2012, respondent Secretary of State, acting upon the recommendation of respondent Department of…

2Cases cited20 opinions

  1. MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
  2. Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
  3. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  4. New York Times Co. v. RegenhardNew York Court of Appeals · 2005
  5. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003

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3Cited by14 opinions

  1. Mosey v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Evercare Choice, Inc. v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Gesmer v. Administrative Bd. of the N.Y. State Unified Ct. Sys.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Weissenburger v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Cotazino v. New York State Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 2023

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