MATTER OF UNITED ENVTL. TECHNIQUES, INC. v. STATE OF NEW YORK DEP'T OF HEALTH


215 A.D.2d 236 (1995)

626 N.Y.S.2d 196

In the Matter of United Environmental Techniques, Inc., Respondent, v. State of New York Department of Health, Appellant

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

May 16, 1995


Respondent's rule requiring cause for its revoking or suspending provisional as well as final approvals of asbestos training safety programs (10 NYCRR 73.9), and its failure to revoke, suspend or otherwise take any action with respect to petitioner's provisional approval within the six-month maximum life span of such an approval (10 NYCRR 73.8 [a]), supported a legitimate claim of entitlement to continuation of the approval (see, Barry v Barchi,

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