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GEN. ELEC CO v. FLACKE

118 Misc.2d 729 (1982)

General Electric Company, Petitioner, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Special Term, Albany County.

November 9, 1982

Attorney(s) appearing for the Case

DeGraff, Foy, Conway, Holt-Harris & Mealey (Thomas S. West of counsel), for petitioner. Robert Abrams, Attorney-General (James A. Sevinsky and Lawrence A. Rappoport of counsel), for respondent.

DE FOREST C. PITT, J.

This proceeding initially came before this court as a CPLR article 78 proceeding challenging a declaratory ruling issued by the respondent which held that the petitioner was subject to regulation pursuant to the Environmental Conservation Law (ECL) and the regulations thereon in effect in the years of 1980 and 1981. Since the time of the original petition, the ECL and the regulations thereon have been significantly modified. Following...

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