Gaul v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Thomas F. Whelan, J.

Ordered that this motion (No. 001) by the plaintiffs/petitioners *681for a preliminary injunction and for relief pursuant to CPLR article 78 is denied and the complaint/petition is dismissed.

The plaintiffs/petitioners (hereinafter plaintiffs) commenced this hybrid article 78 proceeding and declaratory judgment action on June 2, 2009. By their hybrid pleading, the plaintiffs challenge the authority, jurisdiction and legality of the respondents’ prosecution of an ongoing, administrative enforcement proceeding commenced against the plaintiffs pursuant to…