MATTER OF RD. MATERIAL CORP. v. COMM'R OF THE ENVTL. CONSERVATION DEP'T OF THE STATE OF NEW YORK


62 A.D.2d 1020 (1978)

In the Matter of Road Material Corporation, Petitioner, v. Commissioner of the Environmental Conservation Department of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 10, 1978


Determination confirmed, without costs or disbursements, and, pursuant to the stipulation of the parties at oral argument, the proceeding is converted into an action to declare the rights of the parties with respect to the first branch of the relief sought in the petition and, as such, the action is remanded to Special Term for further proceedings not inconsistent herewith.

The time within which plaintiff, heretofore the petitioner, may serve its complaint is extended...

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