Legal Opinion
Stop-The-Barge v. Cahill
New York Court of Appeals
Decided December 2, 2003PublishedCited by 52 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
In this CPLR article 78 proceeding where petitioners seek to set aside action taken by the New York State Department of Environmental Conservation (DEC) and the New York City Department of Environmental Protection (DEP), we must determine which agency action triggers the statute of limitations. Like the Appellate Division, we conclude that on these facts the statute of limitations began to run when the conditioned negative declaration (CND) issued by DEP became final.
In the fall of 1996, the predecessor of respondent New York City Energy (NYCE) submitted an…
2Cases cited3 opinions
- Essex County v. ZagataNew York Court of Appeals · 1998
- Gordon v. RushNew York Court of Appeals · 2003
- Long Island Pine Barrens Society, Inc. v. Planning Board of BrookhavenNew York Court of Appeals · 1991
3Cited by52 opinions
- Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
- Eadie v. Town BoardNew York Court of Appeals · 2006
- Matter of City of Ny (Grand Lafayette)New York Court of Appeals · 2006
- Manzi v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2005
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