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STOP-THE-BARGE v. CAHILL

189 Misc.2d 45 (2001)

731 N.Y.S.2d 586

STOP-THE-BARGE, by Its President, KATHLEEN GILRAIN, et al., Petitioners, v. JOHN P. CAHILL, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Albany County.

August 24, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Joseph Koczaja of counsel), for John P. Cahill and another, respondents.

Michael D. Hess, Corporation Counsel (David Weiner of counsel), for New York City Department of Environmental Protection, respondent.

Fischbein, Badillo, Wagner & Harding, New York City (Gil Feder of counsel), and Cohen, Dax & Koenig, P. C., Albany (John W. Dax of counsel), for NYC Energy, L. L. C., respondent.

Young, Sommer, Ward, Ritzenberg, Wooley, Baker & Moore, L. L. C., Albany (Jeffrey S. Baker of counsel), for petitioners.

OPINION OF THE COURT

JOSEPH R. CANNIZZARO, J.

Petitioners commenced this CPLR article 78 proceeding seeking to annul, vacate and set aside the air pollution control permit (Air Permit) issued by respondent New York State Department of Environmental Conservation (DEC) on December 18, 2000, and the revised conditioned negative declaration (CND) issued by respondent New York City Department of Environmental Protection (DEP) on January 10, 2000, which were issued...

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