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PLP, II LP v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

1482 CA 09-01183

68 A.D.3d 1709 (2009)

2009 NY Slip Op 9794

891 N.Y.S.2d 812

PLP, II LP, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted defendant's motion seeking to dismiss the complaint in this declaratory judgment action on the ground that plaintiff failed to exhaust its administrative remedies (see generally Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57 [1978]). In February 2008, defendant served plaintiff...

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