Consolidated Edison Co. v. Kretchmer

The petitioner in this article 78 CPLR proceeding seeks to annul a determination of the respondents Jerome Kretchmer, as Administrator, and the Environmental Protection Administration of the City of New York, which denied petitioner’s application for an unconditional six-month variance from certain requirements of the New York City Air Pollution Control Code (Administrative Code of City of New York, § 1403.2 et seq.) with respect to petitioner’s operation of its coal burning boiler No. 30 at the Arthur Kill generating station, and which granted instead a conditional variance designed to curb…