ELR Citation: ELR 20125
(N.Y. Sup. Ct. Dec 23, 1971)

Environmental Protection Administrator's decision not to permit a six-month variance from requirements of the New York City Air Pollution Control Code for plaintiff's Arthur Kill generating station was preceded by a quasi-judicial hearing. Therefore, under CPLR 7803(4), judicial review jurisdiction lies in the Appellate Division and the Administrator's decision must be affirmed if supported by substantial evidence.

Counsel for Plaintiff
Williams & O'Neill
130 East 15th Street
New York, NY

Counsel for Defendant
J. Lee Rankin
Corporation Counsel
Municipal Building
New York, NY