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MATTER OF BRODSKY v. ZAGATA

167 Misc.2d 175 (1996)

638 N.Y.S.2d 1018

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.

January 31, 1996

Attorney(s) appearing for the Case

Richard L. Brodsky, Albany, pro se, and John Rousakis, Albany, and Edward S. Fischman, Albany, for petitioners. Dennis C. Vacco, Attorney-General, Albany (William S. Helmer and William E. Storrs of counsel), for respondents.

JOSEPH C. TERESI, J.

Petitioners in this combined CPLR article 78 and declaratory judgment action seek an order granting the following relief: (a) Temporarily restraining the operation of the October 5th rule; (b) Preliminarily enjoining the operation of the October 5th rule until a decision on the merits is rendered; (c) Declaring invalid and null and void the October 5th rule; (d) Permanently enjoining respondents...

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