Northeast Solite Corp. v. Flacke

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the petitioners for judgment on the pleadings, pursuant to CPLR 7804 (subd [g]) and 3212, on the grounds that there are no triable issues of fact and that the allegations of the petition establish that the petitioners are entitled to the relief requested in the petition.

In the underlying proceeding, the petitioners seek to annul the determinations of the Department of Environmental Conservation (DEC) dated September 4, 1981 and October 13, 1981, that the petitioners’ pending permit applications are subject to ECL article 8 and that…