Legal Opinion

Benali, LLC v. New York State Department of Environmental Conservation

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

Decided May 17, 2017No. 2014-08495PublishedCited by 1 opinion

1Opinion of the Court

Appeals by the petitioner from a decision of the Supreme Court, Suffolk County (W. Gerard Asher, J.), dated May 22, 2014, and a judgment of that court entered July 28, 2015. The decision directed that the petition filed pursuant to CPLR article 78 be denied and the proceeding dismissed, and the judgment denied the petition and dismissed the proceeding.

Motion by the respondent New York State Department of Environmental Conservation to dismiss the appeal from the decision on the ground that no appeal lies from a decision. By decision and order on motion of this Court dated November 6, 2015, the…

2Cases cited14 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  3. Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
  4. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  5. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003

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3Cited by1 opinion

  1. Matter of Town of N. Elba v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2018

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