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MATTER OF NYPIRG v. DEC

184 Misc.2d 564 (2000)

710 N.Y.S.2d 521

In the Matter of NEW YORK PUBLIC INTEREST RESEARCH GROUP, INC., et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Supreme Court, Albany County.

May 22, 2000.

Attorney(s) appearing for the Case

Keri Powell and Brian Flack for petitioners.

Eliot Spitzer, Attorney General (Joseph Koczaja of counsel), for respondents.

OPINION OF THE COURT

DAN LAMONT, J.

Petitioners New York Public Interest Group, Inc. and Evelyn Silva bring this CPLR article 78 proceeding seeking a judgment declaring respondents to be acting in violation of the provisions of ECL 19-0311 (2) (b) and 6 NYCRR 201-6.2 (b) (6), establishing an enforceable schedule by which the Department of Environmental Conservation (DEC) will carry out the requirements...

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