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KEARNEY v. COMM'R OF ENVTL. PROT. OF THE CITY OF NEW YORK

199 A.D.2d 1086 (1993)

607 N.Y.S.2d 206

John D. Kearney, Public Administrator of Richmond County, as Administrator of The Estate of Ralph Ricca, Also Known as Francis Ricca, Deceased, Appellant, v. Commissioner of Environmental Protection of the City of New York et al., Respondents

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

December 29, 1993

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in concluding that this combined CPLR article 78 proceeding and action for declaratory relief was premature and not ripe for judicial review. The Chief of respondents' Division of Sewer Regulation and Control determined that use of the sewer running along the subject property's Belair Road frontage was not feasible, and that, therefore...

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