Emergency Court Hearing on Temporary Restraining Order in Raven v. NYS DEC Thursday, November 14, — Elmira, New York

ALBANY, N.Y. - EntSun -- Local artist and property owner Julian Raven announced today that the New York State Supreme Court (Chemung County) has scheduled an emergency hearing on his motion for a Temporary Restraining Order (TRO) in the Article 78 proceeding Raven v. New York State Department of Environmental Conservation (NYS DEC), Index No. 2025-1215. The hearing will take place Thursday, November 14 at 10:00 a.m. in the Hazlett Building, Elmira, New York.

Raven seeks a TRO to preserve the status quo while the court reviews his claims that NYS DEC misclassified his warehouse at 714 Baldwin Street as a "significant threat" hazardous waste site and took public actions without required notice to the owner. The proposed order would temporarily restrain DEC from (1) entering or disturbing the property; (2) initiating or pursuing cost-recovery or enforcement; (3) altering or disseminating records about the site's classification; and (4) compel preservation of all relevant records pending judicial review.

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Raven's filings contend that a 2017 Order on Consent mistakenly imported site details from an unrelated Perfecto Drycleaners location in Greece, New York—an error he argues "infected" subsequent determinations. He further alleges that in 2023 he notified DEC he would be abroad caring for family and requested updates on any decisions or public meetings, but instead first learned from local TV coverage through a friend, and that at a later public meeting DEC personnel acknowledged no public health threat—

In correspondence filed with the court this week, counsel for the State indicated the Department has "no immediate plans" to conduct remedial work at the property—an admission Raven says underscores that a TRO would cause no prejudice to the State while preventing further harm to his property rights and reputation.

"When a state agency brands your property a 'significant threat' in public without first getting the facts right—or even notifying you—the court must step in." Raven said.

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The TRO request is brought under CPLR §§ 6301 and 7805, which authorize courts to grant interim restraint and stays in Article 78 proceedings where necessary to prevent irreparable harm and protect the effectiveness of final judgment.

Media & Public Attendance
Court proceedings are generally open to the public. Members of the press are invited to attend. Please plan to arrive by 9:30 a.m. for security screening. Photography and recording rules are set by the court; check with court staff on arrival. The hearing is expected to be brief and focused on interim relief.

Case Information

• Case: Raven v. New York State Department of Environmental Conservation, et al.
• Index: 2025-1215 (NYSCEF)
• Hearing: Thursday, November 14, 2025 — 10:00 a.m.
• Location: Hazlett Building, Elmira, New York (Chemung County Supreme Court)

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