Elmwood-Anderson Corp. v. Novello

OPINION OF THE COURT

Rose H. Sconiers, J.

Petitioner, Elmwood-Anderson Corporation, doing business as Jimmy Mac’s, initially commenced this CPLR article 78 proceeding against the above-named respondents because neither the New York State Department of Health nor the Erie County Department of Health had, as of that date, issued guidelines or rules for considering waivers under the Clean Indoor Air Act (CLAA) (Public Health Law § 1399-n et seq.), and because the Erie County Department of Health had not responded to petitioner’s application for a waiver pursuant to Public Health Law § 1399-u.…