Appellate Division of the Supreme Court of the State of New York November 10, 2005 (Entergy Nuclear Indian Point 2, LLC v. New York State Department of Environmental Conservation)

Mugglin, J.

Appeals (1) from a judgment of the Supreme Court (Kavanagh, J.), entered September 1, 2004 in Albany County, which, inter alia, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted the cross motion of respondents Department of Environmental Conservation and Commissioner of Environmental Conservation for summary judgment dismissing the