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CHASM HYDRO v. NY STATE DEC

No. 10

14 N.Y.3d 27 (2010)

2010 NY Slip Op 1343

896 N.Y.S.2d 749

In the Matter of CHASM HYDRO, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Court of Appeals of New York.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Poklemba & Hobbs, LLC, Malta (Gary C. Hobbs of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth, Barbara D. Underwood, Andrew D. Bing, Lisa M. Burianek and Joseph Koczaja of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we must determine whether a CPLR article 78 petition in the nature of prohibition lies to prevent the New York State Department of Environmental Conservation (DEC) from bringing an administrative enforcement proceeding against Chasm Hydro, Inc. and the other petitioners for the violation of a variety of state water quality laws. Because petitioners have an adequate remedy at law and have not demonstrated...

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