MATTER OF PVS CHEMICALS, INC. (NEW YORK) v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION


256 A.D.2d 1241 (1998)

682 N.Y.S.2d 787

In the Matter of PVS CHEMICALS, INC. (NEW YORK), Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided December 31, 1998.


Judgment unanimously affirmed with costs.

Memorandum:

Petitioner appeals from a judgment dismissing its petition challenging the issuance of a positive declaration (6 NYCRR 617.2 [ac]) by respondent. Supreme Court properly held that "the issuance of a positive declaration is not final agency action subject to CPLR article 78 review" (Matter of Rochester Tel. Mobile Communications v Ober, 251 A.D.2d 1053, 1054). A...

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