DESMOND-AMERICANA v. JORLING


143 Misc.2d 711 (1989)

In the Matter of The Desmond-Americana, Doing Business as First Colonie Co., a Limited Partnership, et al., Petitioners, v. Thomas C. Jorling, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Respondents. (Action No. 1.) In the Matter of New York State Pest Control Association et al., Petitioners, v. Thomas C. Jorling, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Respondents. (Action No. 2.) Professional Certified Applicators of Long Island, Inc., et al., Petitioners-Plaintiffs, v. New York State Department of Environmental Conservation et al., Respondents-Defendants. (Action No. 3.) New York Farm Bureau, Inc., et al., Plaintiffs-Petitioners, v. Thomas Jorling, as Commissioner of the New York State Department of Environmental Conservation, et al., Defendants-Respondents. (Action No. 4.) In the Matter of New York State Electric & Gas Corporation et al., Plaintiffs-Petitioners, v. New York State Department of Environmental Conservation et al., Defendants-Respondents. (Action No. 5.)

Supreme Court, Albany County.

May 11, 1989


Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., for petitioners in action No. 1. Hiscock & Barclay for petitioners in action No. 2. Gleason, Dunn, Walsh & O'Shea for petitioners in action No. 3. Nixon, Hargrave, Devans & Doyle for petitioners in action No. 4. LeBouef, Lamb, Leiby & MacRae for petitioners in action No. 5. Robert Abrams, Attorney-General (Martha McCabe and Joan Leary Matthews of counsel), for respondents.


PAUL E. CHEESEMAN, J.

The five above-captioned actions share common questions of law and fact. In the interest of justice and judicial economy these petitions were joined pursuant to CPLR 602 (a) and Megyesi v Automotive Rentals (115 A.D.2d 596).

The petitioners are a diverse group of organizations and corporations who have commenced individual CPLR article...

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