McClusky v. New York State Department of Environmental Conservation

Determination unanimously confirmed without costs and petition dismissed. *1006Memorandum: In our view, the Commissioner’s decision and order of March 10, 1988 is a final order within the purview of ECL 27-1313 (3) and (4) (cf., Matter of Delaware County Citizens Opposed to Powerline Route Alternatives v Public Serv. Commn., 120 AD2d 256). Since this CPLR article 78 proceeding was not commenced within the statutory 30-day period of ECL 27-1313 (4), it is untimely and must be dismissed. Thus, we are unable to reach the merits of petitioner’s claim that respondents’ determination should be annulled…