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MATTER OF LEE OIL CO., INC. v. JORLING

190 A.D.2d 1072 (1993)

In the Matter of Lee Oil Company, Inc., Respondent, v. Thomas C. Jorling, as Commissioner of New York State Department of Environmental Conservation, Appellant

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

February 5, 1993

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The court erred in ordering the Department of Environmental Conservation (DEC) to transfer well plugging responsibilities from Allegro Oil Company (Allegro) to Lee Oil Company, Inc. (Lee Oil). Because the CPLR article 78 proceeding was commenced 10 months after the denial of the transfer by DEC, it was barred by both the...

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