Z & H Realty, Inc. v. Office of the State Comptroller

Appeal from a judgment of the Supreme Court (Cobb, J.), entered July 28, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

In March 1997, petitioners filed an application for compensation from respondent New York Environmental Protection and Spill Compensation Fund (hereinafter the Fund) seeking reimbursement for the petroleum cleanup expenses incurred by them at their property in the Village of Mt. Kisco, Westchester County. Pursuant to Navigation Law § 182, such “[cjlaims…