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MATTER OF COUNTY OIL CO., INC. v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2012-06447, Index No. 21750/11.

111 A.D.3d 718 (2013)

975 N.Y.S.2d 114

2013 NY Slip Op 7474

In the Matter of COUNTY OIL COMPANY, INC., et al., Appellants, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 13, 2013.

In a proceeding pursuant to CPLR article 78 to review regulatory changes promulgated by the New York City Department of Environmental Protection prohibiting the use of certain types of fuel oils, the petitioners appeal from a judgment of the Supreme Court, Queens County (Grays, J.), dated May 23, 2012, which, upon a decision of the same court dated February 6, 2012, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs...

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