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MTR. OF W. LAND SERVS. v. DEC

26 A.D.3d 15 (2005)

804 N.Y.S.2d 465

In the Matter of WESTERN LAND SERVICES, INC., et al., Appellants-Respondents, v. DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK et al., Respondents-Appellants.

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

November 23, 2005.

Attorney(s) appearing for the Case

Lipman & Biltekoff, L.L.P., Williamsville (Allan R. Lipman of counsel), for appellants-respondents.

Eliot Spitzer, Attorney General, Albany (Lisa M. Burianek of counsel), for Department of Environmental Conservation of the State of New York, respondent-appellant.

Nixon Peabody, Rochester (David H. Tennant of counsel), for Fortuna Energy, Inc., respondent-appellant.

LeBoeuf, Lamb, Greene, MacRae, Albany (Thomas S. West of counsel), for Columbia Natural Resources, Inc., respondent-appellant.

CARDONA, P.J., SPAIN and KANE, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

At issue in this CPLR article 78 proceeding is petitioners' challenge to a determination by respondent Department of Environmental Conservation (hereinafter DEC) interpreting its powers under ECL 23-0901 to regulate the drilling of wells for natural gas. Specifically, petitioners allege that this determination was affected by errors of law and was arbitrary and capricious (see CPLR 7803 [3]). Supreme Court granted...

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