ALLEGRO OIL & GAS, INC. v. McGRANAHAN


156 A.D.2d 939 (1989)

Allegro Oil & Gas, Inc., Respondent, v. Bruce C. McGranahan, as Region 9 Mineral Resource Program Manager of New York State Department of Environmental Conservation, et al., Appellants

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

December 20, 1989


Order unanimously affirmed without costs.

Memorandum:

We affirm for the reasons stated at Supreme Court, Sprague, J. We add only that, in our view, plaintiff is not precluded from seeking declaratory relief by any provision of the consent order relating to brine disposal. Whether plaintiff properly disposes of the brine generated at its Duke and Krampf facilities depends upon the applicability of 6 NYCRR 556.5 (b) to those sites; plaintiff seeks a declaration...

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