BRODSKY v. NY STATE DEC


1 Misc.3d 690 (2003)

766 N.Y.S.2d 277

In the Matter of RICHARD L. BRODSKY, Individually and as Assemblyman from the 86th Assembly District, et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Supreme Court, Albany County.

January 27, 2003.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Lisa M. Burianek of counsel), for New York State Department of Environmental Conservation and another, respondents.

Goodwin Proctor LLP, Boston, Massachusetts (Elise N. Zoli, James C. Rehnquist and Robert L. Brennan, Jr., of counsel), for Entergy Nuclear Indian Point 2, LLC, and others, respondents.

Richard L. Brodsky, pro se, and John L. Parker and Susan H. Shapiro, Elmsford, for Richard L. Brodsky and others, petitioners.


OPINION OF THE COURT

THOMAS W. KEEGAN, J.

Petitioners have commenced a CPLR article 78 proceeding in the nature of mandamus seeking to compel a determination of an application for a state pollution discharge elimination system (hereinafter SPDES) permit, to compel public hearings on such permit application, and to compel a review of the underlying SPDES permit pursuant to the provisions of Environmental Conservation Law § 17-0817. The state respondents...

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