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MATTER OF BCD TIRE CHIP MFG. INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

2013-01354.

2013 NY Slip Op 51089(U)

IN THE MATTER OF THE APPLICATION OF BCD TIRE CHIP MANUFACTURING, INC., Petitioner, FOR A COMBINED PROCEEDING SEEKING JUDGMENT UNDER CPLR ARTICLE 78 and A DECLARATORY JUDGMENT UNDER CPLR 3001, v. THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and JOSEPH J. MARTENS, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondents.

Supreme Court, Fulton County.

Decided June 26, 2013.

Attorney(s) appearing for the Case

JOSEPH F. CASTIGLIONE , Young/Sommer LLC, Albany, New York, for Petitioner.

ERIC T. SCHNEIDERMAN , Attorney General of the State of New York, Associate Attorney: Lawrence A. Rappoport , Assistant Attorney General: Daniel Leinung , Albany, New York, KAREN LAVERY , Assistant Regional Attorney, N.Y.S. DEC (Region 4), Schenectady, New York, for Respondents.

RICHARD C. GIARDINO, J.

On April 5, 2013, petitioner commenced a combined special proceeding pursuant to CPLR Article 78 and an action for declaratory judgment pursuant to CPLR § 3001 to, among other things, vacate and annul the order issued by respondent Joseph J. Martens, Commissioner of the New York State Department of Environmental Conservation (DEC) and for a declaration that petitioner, BCD Tire Chip Manufacturing Inc. (hereinafter BCD), and its operations...

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