City of Long Beach v. Flacke

In a proceeding pursuant to CPLR article 78, inter alia, to (1) review a determination by the respondent State Department of Environmental Conservation (hereinafter DEC) granting a permit to the respondent Roosevelt Field Water District (hereinafter RFWD) and (2) declare ECL 70-0109 (subd 2, par [a]) unconstitutional, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County, entered June 25, 1980, as, upon converting the proceeding to an action for a declaratory judgment, (a) adjudged that actual notification to the petitioner prior to the…