ELMWOOD-ANDERSON v. NOVELLO


3 Misc.3d 858 (2004)

775 N.Y.S.2d 472

ELMWOOD-ANDERSON CORPORATION, Doing Business as JIMMY MAC'S, Petitioner, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Erie County.

April 2, 2004.


Attorney(s) appearing for the Case

Amigone, Sanchez, Mattrey & Marshall (Nicholas P. Amigone, III, of counsel), for petitioner.

Frederick A. Wolf, County Attorney, pro se, and Joseph F. Reina for Anthony S. Billitier, IV, M.D., as Commissioner of Health of the County of Erie, and another, respondents.


OPINION OF THE COURT

ROSE H. SCONIERS, J.

Petitioner, Elmwood-Anderson Corporation, doing business as Jimmy Mac's, initially commenced this CPLR article 78 proceeding against the above-named respondents because neither the New York State Department of Health nor the Erie County Department of Health had, as of that date, issued guidelines or rules for considering waivers under the Clean Indoor Air Act (CIAA) (Public Health Law § 1399-n et seq.),<...

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