ALLEN GROUP v. ADDUCI


123 A.D.2d 91 (1987)

In the Matter of Allen Group, Inc. (Allen Testproducts Division), Appellant-Respondent, v. Patricia B. Adduci, as Commissioner of The New York State Department of Motor Vehicles, et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 8, 1987


Attorney(s) appearing for the Case

Morton J. Getman (Steven U. Teitelbaum of counsel), for appellant-respondent.

Robert Abrams, Attorney-General (Richard J. Dorsey and Nancy A. Spiegel of counsel), for respondents-appellants.

MAHONEY, P. J., WEISS, MIKOLL and HARVEY, JJ., concur.


KANE, J.

The Federal Clean Air Act requires all States, including New York, to submit a State implementation plan (hereinafter SIP) to enforce applicable air quality standards in areas where Federal standards are not being met (see, 42 USC § 7410). New York's SIP was submitted to the Federal Government on November 5, 1979. As originally submitted, the SIP required, inter alia, that a mandatory...

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