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MATTER OF MORABITO v. MARTENS

523288.

149 A.D.3d 1316 (2017)

2017 NY Slip Op 02863

53 N.Y.S.3d 213

In the Matter of DAVID R. MORABITO, Appellant, v. JOSEPH MARTENS, as Commissioner of Environmental Conservation, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 13, 2017.

In 2010, then Governor David Paterson issued an executive order prohibiting respondent Department of Environmental Conservation (hereinafter DEC) from issuing permits for the use of high volume hydraulic fracturing (hereinafter HVHF) for the stimulation of oil and gas wells pending the completion of a supplemental generic environmental...

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