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STOP-THE-BARGE v. CAHILL

1 N.Y.3d 218 (2003)

803 N.E.2d 361

771 N.Y.S.2d 40

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

Court of Appeals of the State of New York.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany (Douglas H. Ward and Jeffrey S. Baker of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Joseph Koczaja, Caitlin J. Halligan, Daniel Smirlock, Peter H. Schiff and Lisa M. Burianek of counsel), for John P. Cahill and another, respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Grace Goodman and Larry A. Sonnenshein of counsel), for New York City Department of Environmental Protection, respondent.

Cohen, Dax & Koenig, P.C., Albany (John W. Dax and Susan L. Taylor of counsel), for NYC Energy LLC, respondent.

Chief Judge KAYE and Judges CIPARICK, Rosenblatt, GRAFFEO and READ concur.

OPINION OF THE COURT

G.B. SMITH, J.

In this CPLR article 78 proceeding where petitioners seek to set aside action taken by the New York State Department of Environmental Conservation (DEC) and the New York City Department of Environmental Protection (DEP), we must determine which agency action triggers the statute of limitations. Like the Appellate Division, we conclude that on these facts the statute of limitations...

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