Fraioli's Hydro-Power, Inc. v. Department of Environmental Protection

OPINION OF THE COURT

David B. Saxe, J.

In the midst of one of the most severe drought emergencies in the history of New York City necessitating the adoption of *867Stage II Drought Emergency Rules (Stage II Rules) the petitioner, a truck washing business, requests CPLR article 78 relief from a denial of its request for a variance which would permit it to use the city’s water supply for continued business operation. The attack on the denial of the variance is predicated on the assertion that the petitioner was denied a hearing to which it was entitled as a matter of constitutional law, and…