DESMOND-AMERICANA v. JORLING


153 A.D.2d 4 (1989)

In the Matter of Desmond-Americana et al., Respondents-Appellants, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Appellants-Respondents. (And Four Other Related Actions or Proceedings.)

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

December 21, 1989


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joan Leary Matthews of counsel), for appellants-respondents.

McNamee, Lochner, Titus & Williams, P. C. (Francis J. Smith, Jr., of counsel), for Desmond-Americana and others, respondents-appellants.

Hiscock & Barclay (Richard L. Weisz of counsel), for New York State Pest Control Association and others, respondents-appellants.

Gleason, Dunn, Walsh & O'Shea (Mark T. Walsh of counsel), for Professional Certified Applicators of Long Island, Inc. and others, respondents-appellants.

Nixon, Hargrave, Devans & Doyle (Thomas S. West of counsel), for New York Farm Bureau, Inc. and others, respondents-appellants.

LeBoeuf, Lamb, Leiby & MacRae (G. S. Peter Bergen of counsel), for New York State Electric and Gas Corporation and others, respondents-appellants.

Berle, Kass & Case (Florence A. Fredman of counsel), for Consumers Union of the United States, Inc. and others, amici curiae.

CASEY, J. P., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.


HARVEY, J.

In these five CPLR article 78 proceedings and/or declaratory judgment actions, the various plaintiffs or petitioners (hereinafter collectively referred to as petitioners) seek to set aside a series of amendments to 6 NYCRR part 325 promulgated by defendant/respondent Commissioner of Environmental Conservation (hereinafter the Commissioner) that would require...

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