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MATTER OF ART-TEX PETROLEUM, INC. v. NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL

93 N.Y.2d 830 (1999)

710 N.E.2d 265

687 N.Y.S.2d 619

In the Matter of ART-TEX PETROLEUM, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Teahan & Constantino, Poughkeepsie (Richard I. Cantor of counsel), for appellant.

Eliot Spitzer, Attorney-General, Albany (Lisa S. Kwong, Barbara G. Billet, Peter H. Schiff and David A. Munro of counsel), for New York State Department of Audit and Control, respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The courts below properly held that petitioner's CPLR article 78 proceeding to annul and vacate an environmental lien on petitioner's land in Dutchess County, filed pursuant to Navigation Law § 181-a, should be dismissed on the ground that another adequate remedy at law was available.

At all relevant times, the subject property was operated...

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