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MATTER OF ART-TEX PETROLEUM, INC. v. NEW YORK STATE DEP'T OF AUDIT & CONTROL

248 A.D.2d 901 (1998)

670 N.Y.S.2d 605

In the Matter of Art-Tex Petroleum, Inc., Appellant, v. New York State Department of Audit and Control et al., Respondents

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

March 19, 1998

Mikoll, J. P.

Petitioner sought to nullify and vacate a notice of environmental lien filed by respondent Department of Audit and Control against petitioner's property pursuant to Navigation Law § 181-a. Supreme Court determined that a CPLR article 78 proceeding was an improper form of relief and dismissed the proceeding.

Petitioner is an owner of real property located in the Town of Hopewell Junction, Dutchess County. A gas station was located...

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