Legal Opinion

New York Propane Gas Ass'n v. New York State Department

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

Decided April 21, 2005PublishedCited by 16 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered January 21, 2004 in Albany County, which, in a proceeding pursuant to CFLR article 78, dismissed the petition.

Petitioner is a trade organization composed of over 250 corporate members that are engaged in the storage, delivery and handling of liquefied petroleum gas (hereinafter LPG). In this special proceeding, the petition asserts several challenges to those parts of an updated uniform fire prevention and building code (hereinafter UFC) adopted by respondent that restrict the indoor use and storage of propane…

2Cases cited13 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
  3. New York State Ass'n of Nurse Anesthetists v. NovelloNew York Court of Appeals · 2004
  4. Dental Society v. CareyNew York Court of Appeals · 1984
  5. Colella v. Board of AssessorsNew York Court of Appeals · 2000

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3Cited by16 opinions

  1. Mid-Hudson Catskill Rural Migrant Ministry, Inc., Plaintiff-Appellant-Cross-Appellee v. Fine Host Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
  2. Powers v. GroodtAppellate Division of the Supreme Court of the State of New York · 2007
  3. Kindred v. Monroe CountyAppellate Division of the Supreme Court of the State of New York · 2014
  4. New York State Psychiatric Ass'n v. MillsAppellate Division of the Supreme Court of the State of New York · 2006
  5. Matter of Lawyers for Children v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2023

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