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GLOBAL COS., LLC v. DEC

4637-15

52 Misc.3d 568 (2016)

35 N.Y.S.3d 830

2016 NY Slip Op 26158

GLOBAL COMPANIES, LLC, Petitioner/Plaintiff, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents/Defendants. CHARLENE BENTON, President, on Behalf of the Ezra Prentice Homes Tenants Association, et al., Proposed Intervenors-Respondents/Defendants.

Supreme Court, Albany County.

Decided April 14, 2016.

Attorney(s) appearing for the Case

Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany ( Dean S. Sommer , Jeffrey S. Baker and James A. Muscato, II of counsel), for petitioner/plaintiff.

Eric T. Schneiderman , Attorney General, Albany ( Meredith G. Lee-Clark and Susan L. Taylor of counsel), for respondents/defendants.

Earthjustice, New York City ( Christopher Amato , Moneen Nasmith and Jonathan Smith of counsel), for Charlene Benton, President, on behalf of the Ezra Prentice Homes Tenants Association, and others, proposed intervenors-respondents/defendants.

Pace Environmental Litigation Clinic, Inc., White Plains ( Karl S. Coplan and Daniel E. Estrin of counsel), for Riverkeeper, Inc. and another, proposed intervenors-respondents/defendants.

OPINION OF THE COURT

Petitioner/plaintiff (Global) seeks an order and judgment awarding the following relief: (1) compelling respondents/defendants to act upon Global's title v air permit modification application (title V application) within 14 days by either: (a) preparing a proposed permit, or (b) denying the permit...

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