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CITY OF NY v. ENVTL.

125 Misc.2d 735 (1984)

In the Matter of the City of New York et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents.

Supreme Court, Special Term, New York County.

September 11, 1984

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Laura Jacobs Blankfein of counsel), for petitioners. Robert Abrams, Attorney-General (Jeffrey Slonin of counsel), for respondents.

IRVING LANG, J.

The central issue in this CPLR article 78 proceeding is whether the Department of Environmental Protection (DEP) of the City of New York is entitled to State reimbursement for certain costs incurred by other agencies. These costs were incurred by 13 "central support agencies" which, under the city's "Cost Allocation Plan" (CAP) distributes overhead costs to other city agencies including DEP. Relying on a decision which allowed allocation...

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