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MATTER OF BRODSKY v. ZAGATA

165 Misc.2d 510 (1995)

629 N.Y.S.2d 373

In the Matter of Richard L. Brodsky, as Chairman of the New York State Assembly Committee on Environmental Conservation, et al., Petitioners, v. Michael D. Zagata, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Albany County.

May 24, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (James A. Sevinsky, Douglas H. Ward, Eugene Martin-Leff and Kathleen Liston Morrison of counsel), for Michael D. Zagata and another, respondents. John Rousakis, Albany, for petitioners.

JOSEPH C. TERESI, J.

Petitioners bring this combined CPLR article 78 and declaratory judgment action seeking a ruling that would declare the emergency rule repealing 6 NYCRR 326.2 (b) (10) invalid, null and void.

Respondents oppose the petition alleging that the petitioners do not have standing to maintain the proceeding and that the petitioners have failed to state a cause of action.

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