Road Material Corp. v. Commissioner of the Environmental Conservation Department

Appellate Division of the Supreme Court of New York

Road Material Corp. v. Commissioner of the Environmental Conservation Department

62 A.D.2d 1020, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11076

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1978

StatusPublished

This text of 62 A.D.2d 1020 (Road Material Corp. v. Commissioner of the Environmental Conservation Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Road Material Corp. v. Commissioner of the Environmental Conservation Department, 62 A.D.2d 1020, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11076 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated April 22, 1976 and made after a hearing, which denied petitioner’s application for a moratorium permit. Determination confirmed, without costs or disbursements, and, pursuant to the stipulation of the parties at oral argument, the proceeding is converted into an action to declare the rights of the parties with respect to the first branch of the relief sought in the petition and, as such, the action is remanded to Special Term for further proceedings not inconsistent herewith. The time within which plaintiff, heretofore the petitioner, may serve its complaint is extended until 20 days after entry of the order to be made hereon. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated April 22, 1976 and made after a hearing, which denied petitioner’s application for a moratorium permit. Determination confirmed, without costs or disbursements, and, pursuant to the stipulation of the parties at oral argument, the proceeding is converted into an action to declare the rights of the parties with respect to the first branch of the relief sought in the petition and, as such, the action is remanded to Special Term for further proceedings not inconsistent herewith. The time within which plaintiff, heretofore the petitioner, may serve its complaint is extended until 20 days after entry of the order to be made hereon. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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Bluebook (online)

62 A.D.2d 1020, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/road-material-corp-v-commissioner-of-the-environmental-conservation-nyappdiv-1978.