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MTR OF VAPOR TECH. v. CUOMO

906514-19.

66 Misc.3d 800 (2020)

118 N.Y.S.3d 398

2020 NY Slip Op 20012

In the Matter of VAPOR TECHNOLOGY ASSOCIATION et al., Petitioners, v. ANDREW M. CUOMO, Governor of the State of New York, et al., Respondents.

Supreme Court, Albany County.

Decided January 8, 2020.

Attorney(s) appearing for the Case

Thompson Hine LLP ( Richard De Palma , Brian K. Steinwascher , Eric N. Heyer and Joseph A. Smith of counsel) for petitioners.

Letitia James , Attorney General ( Keith J. Starlin and Andrew W. Koster of counsel), for respondents.

OPINION OF THE COURT

This litigation is a combined CPLR article 78 proceeding and declaratory judgment action. Petitioners seek, inter alia, to enjoin the enforcement of an emergency regulation adopted by respondent Public Health and Health Planning Council at the request and with the approval of the Commissioner...

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