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RICCELLI ENTERS., INC. v. DEC.

2010-5942.

30 Misc.3d 573 (2010)

915 N.Y.S.2d 439

RICCELLI ENTERPRISES, INC., Plaintiff, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Defendants.

Supreme Court, Onondaga County.

Decided December 14, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General ( Lisa M. Burianek of counsel), for defendants.

Gilberti Stinziano Heintz & Smith, P.C. ( William J. Gilberti, Jr. and Kevin G. Roe of counsel), for plaintiff.

OPINION OF THE COURT

DONALD A. GREENWOOD, J.

The defendants New York State Department of Environmental Conservation (hereinafter, DEC) and Alexander B. Grannis, as its Commissioner, initially moved to convert the plaintiff's action from that seeking a declaratory judgment to a CPLR article 78 petition, and then for an order dismissing the article 78 proceeding as untimely pursuant to CPLR 3211 (a) (5). The...

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