CARBORUNDUM v. N. Y. STATE


129 Misc.2d 1093 (1985)

Carborundum Abrasives Company, Petitioner, v. New York State Department of Environmental Conservation, Respondent.

Supreme Court, Erie County.

October 4, 1985


Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber for petitioner. Robert Abrams, Attorney-General (Deborah I. Volberg of counsel), for respondent.


FREDERICK M. MARSHALL, J.

This is a motion by the respondent for dismissal of the petition in this CPLR article 78 proceeding on the ground it was not timely commenced pursuant to ECL 17-0909.

On March 21, 1985 the respondent reissued a water discharge permit originally granted to the petitioner in 1976. It was mailed the same day from the respondent's office and received by the petitioner on March 26, 1985. This proceeding was instituted on May...

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