In the Matter of Fmc Corporationv New York State Department of Environmental Conservation

Motion No: 522187

Slip Opinion No: 2017 NY Slip Op 63646(U)

Decided on February 2, 2017

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: February 2, 2017522187

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In the Matter of FMC CORPORATION,                      

                      Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
                                                       Respondent.
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Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion for reargument is denied, without costs, and it is further

ORDERED that the motion for permission to appeal to the Court of Appeals is granted, without costs. No question of fact was considered by this Court. Pursuant to CPLR 5713, this Court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this Court err, as a matter of law, in reversing, on the law, the judgment of Supreme Court which granted respondent's motion to dismiss the petition, denying the motion, granting the petition and remitting the matter to respondent for further proceedings not inconsistent with this Court's decision?"
Egan Jr., J.P., Lynch, Devine, Clark and Mulvey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court