MATTER OF BENINCASA v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION


283 A.D.2d 490 (2001)

724 N.Y.S.2d 878

In the Matter of MICHAEL BENINCASA, Respondent, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Appellants.

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

Decided May 14, 2001.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The Court of Appeals has stated that "absent extraordinary circumstances, a court may not intervene in an administrative proceeding, for reason of adjudicatory delay, until a hearing has been held and an official order rendered" (Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169, 180...

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