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MATTER OF LONG IS. PURE WATER, LTD. v. NEW YORK STATE DEPT. OF HEALTH

533705.

209 A.D.3d 1128 (2022)

177 N.Y.S.3d 376

2022 NY Slip Op 05902

In the Matter of Long Island Pure Water, Ltd., Appellant, v. New York State Department of Health et al., Respondents.

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

Decided October 20, 2022.

Attorney(s) appearing for the Case

Rigano LLC, Melville ( Nicholas C. Rigano of counsel), for appellant.

Letitia James , Attorney General, New York City ( Philip Bein of counsel), for respondents.

American Chemistry Council, Washington, DC ( Daniel M. Krainin of Beveridge & Diamond PC, New York City, of counsel), for American Chemistry Council, amicus curiae.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Fisher, JJ., concur.

Appeal from a judgment of the Supreme Court (Christina L. Ryba, J.), entered July 1, 2021 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

"Industry and modern technology have created thousands of new chemicals that would not otherwise exist in nature. Although some of these chemicals...

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