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MATTER OF NEIGHBORHOOD CLEANERS ASSOCIATION-INTERNATIONAL v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

299 A.D.2d 790 (2002)

751 N.Y.S.2d 63

In the Matter of NEIGHBORHOOD CLEANERS ASSOCIATION-INTERNATIONAL, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided November 27, 2002.

Cardona, P.J.

Concerned about human exposure in residences and businesses near dry cleaners to elevated levels of Perchloroethylene (hereinafter PERC), a solvent used by 95% of the dry cleaning industry in the state, respondent, through a negotiated rule-making process (see Executive Order [Cuomo] No. 156 [9 NYCRR 4.156]), promulgated new regulations, 6 NYCRR part 232, seeking to reduce public exposure to PERC emissions. According to the regulatory impact statement...

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