MOTOR VEHICLE MFRS v. JORLING


152 Misc.2d 405 (1991)

Motor Vehicle Manufacturers Association of the United States, Inc., et al., Petitioners, v. Thomas C. Jorling, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Respondents.

Supreme Court, Albany County.

September 3, 1991


Attorney(s) appearing for the Case

Harter, Secrest & Emery (Anthony R. Palermo and William H. Helferich III of counsel), and (William H. Crabtree, V. Mark Slywynsky, Charles H. Lockwood, II, and John T. Whatley of counsel), for petitioners. Robert Abrams, Attorney-General (Joan Leary Matthews and Helene G. Goldberger of counsel), for respondents.


GEORGE L. COBB, J.

Petitioners-plaintiffs (hereinafter petitioners) have commenced a hybrid CPLR article 78 proceeding and action for declaratory judgment seeking a judgment annulling the newly promulgated 6 NYCRR part 218, which in effect, requires that as of 1993 all new motor vehicles sold in the State of New York must comply with stricter California emissions standards. The new regulations are challenged...

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