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DELFORD INDS. v. NEW YORK STATE

126 Misc.2d 355 (1984)

Delford Industries, Inc., Petitioner, v. New York State Department of Environmental Conservation et al., Respondents.

Supreme Court, Orange County.

October 10, 1984

Attorney(s) appearing for the Case

Jacobowitz & Gubits (Gerald N. Jacobowitz of counsel), for petitioner. Robert Abrams, Attorney-General (Ezra I. Bialik of counsel), for respondents.

CARMINE C. MARASCO, J.

This CPLR article 78 proceeding was instituted by petitioner to obtain an order prohibiting and staying respondent, the New York State Department of Environmental Conservation, hereinafter called Department, from conducting an adjudicatory public hearing for alleged violations of 6 NYCRR 211.2 and an order declaring a portion of 6 NYCRR 211.2 unconstitutionally void for vagueness. "The verified petition alleges that Department served...

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