Legal Opinion · Dissent
Guptill Holding Corp. v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 1988Published
1Dissent
Yesawich, Jr., J.
(dissenting). I disagree with the majority’s assessment that DEC’S Life of Mine Review Policy is not a *21rule or regulation within the constitutional filing requirement (see, NY Const, art IV, § 8). The so-called policy, promulgated by an internal memorandum, states that it "shall be implemented immediately for all permit applications” (emphasis supplied). Continuing in a prescriptive vein, it dictates that currently permitted mining operators who apply for a one-year permit (the only other option, excepting special circumstances, is a three-year permit) "will be required to…
2Cases cited10 opinions
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- People v. CullNew York Court of Appeals · 1961
- Jones v. SmithNew York Court of Appeals · 1985
- Callanan Industries, Inc. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1986
- Krauskopf v. PeralesAppellate Division of the Supreme Court of the State of New York · 1988
5 more not listed; retrieve them via the Exa API.