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CITY OF NY v. NYS DEPT

108 Misc.2d 170 (1981)

In the Matter of the City of New York, Petitioner, v. New York State Department of Environmental Conservation, Respondent.

Supreme Court, Special Term, Albany County.

March 10, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Walter A. Kretz, Jr., of counsel), for petitioner. Robert Abrams, Attorney-General (Martin H. Schulman of counsel), for respondent.

D. VINCENT CERRITO, J.

During fiscal year 1976-1977, the City of New York through its Department of Environmental Protection maintained and operated 12 sewage treatment plants. At the close of the fiscal year, the city, pursuant to ECL 17-1905, submitted timely applications to the respondent for an operation and maintenance grant for each plant. On November 26, 1979 the respondent denied eight of the applications.

This CPLR article 78 proceeding...

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