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GAUL v. N.Y. DEC

20734/09.

25 Misc.3d 679 (2009)

884 N.Y.S.2d 314

2009 NY Slip Op 29336

KENNETH GAUL et al., Plaintiffs/Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Defendants/Respondents.

Supreme Court, Suffolk County.

Decided August 10, 2009.

Attorney(s) appearing for the Case

J. Lee Snead, Bellport, for plaintiffs/petitioners.

Andrew M. Cuomo, Attorney General, New York City (Gregory J. Nolan of counsel), for defendants/respondents.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

Ordered that this motion (No. 001) by the plaintiffs/petitioners for a preliminary injunction and for relief pursuant to CPLR article 78 is denied and the complaint/petition is dismissed.

The plaintiffs/petitioners (hereinafter plaintiffs) commenced this hybrid article 78 proceeding and declaratory judgment action on June 2, 2009. By their hybrid pleading, the...

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