March 2007

ARTICLE 78 – CPLR section 7804(f) MOTION TO DISMISS DENIED

            New York State Department of Environmental Conservation made a motion to dismiss Petitioner Frederick Fogelman’s Article 78 to have his land designated a “Brownfield clean-up program”. The NYSDEC had written to Mr. Fogelman on February 22, 2005 that his application to have his land