Appellate Division of the Supreme Court of the State of New York November 5, 2009 (Bethpage Water District v. Daines)

Spain, J.R

Appeal from a judgment of the Supreme Court (Connolly, J.), entered February 12, 2009 in Albany County, which dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of the Department of Health denying petitioner’s chlorination waiver request.