MATTER OF BRODSKY v. ZAGATA


222 A.D.2d 48 (1996)

646 N.Y.S.2d 188

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

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

July 18, 1996


Attorney(s) appearing for the Case

John Rousakis, Albany (Richard L. Brodsky of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (William S. Helmer, Victoria A. Graffeo, Peter H. Schiff and William E. Storrs of counsel), for respondents.

David M. Ross, New York City, for Association of the Bar of the City of New York, amicus curiae.

MIKOLL, J. P., CREW III, CASEY and SPAIN, JJ., concur.


YESAWICH JR., J.

In April 1992, respondent Department of Environmental Conservation (hereinafter DEC) promulgated a rule prohibiting the sale of products containing high concentrations (greater than 30%, or in some instances 33.33%) of the insect repellent DEET (N, N-diethyl-m-toluamide) (see, 6 NYCRR former 326.2 [b] [10] [hereinafter the original rule]). DEC...

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