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MATTER OF LS MAR. LLC v. ADIRONDACK PARK AGENCY

CV17-0106.

2017 NY Slip Op 50898(U)

IN THE MATTER OF THE APPLICATION OF LS MARINA, LLC, Petitioner, v. ADIRONDACK PARK AGENCY, Respondent, FOR A JUDGMENT PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW and RULES and FOR DECLARATORY JUDGMENT PURSUANT TO ARTICLE 30 OF THE CIVIL PRACTICE LAW and RULES.

Supreme Court, Essex County.

Decided July 13, 2017.

Attorney(s) appearing for the Case

FitzGerald Morris Baker Firth P.C., ( Thomas A. Ulascewicz, Esq. , Michael Crowe, Esq. , of counsel), Glens Falls, New York, for Petitioner.

Eric T. Schneiderman , New York State Attorney General, ( Joshua M. Tallent, Esq. , Susan L. Taylor, Esq. , Marie Chery-Sekhobo, Esq. , Christopher C. Gore, Esq. , Assistant Attorneys General, of counsel) Albany, New York for Respondent.

Motion by the respondent, Adirondack Park Agency (APA), to dismiss the petition of LS Marina, LLC (LS Marina) seeking, pursuant to CPLR article 78, to annul a January 5, 2017 determination of the APA Executive Director refusing to process the Marina's December 20, 2016 request for a declaratory ruling to reverse the APA's October...

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