Court of Appeals of New York

In an Article 78 petition in the nature of prohibition to prevent the New York State Department of Environmental Conservation from bringing an administrative enforcement proceeding against petitioner for violation of various state water quality laws, the petition is denied where petitioner did not establish a clear legal right to relief or that prohibition would provide a more complete and efficacious remedy than the administrative proceeding and resulting judicial review.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

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• Court of Appeals of New York

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