HUNT BROS. v. GLENNON


180 A.D.2d 157 (1992)

In the Matter of Hunt Brothers, Inc., Respondent, v. Robert C. Glennon, as Executive Director of Adirondack Park Agency, et al., Appellants

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

June 4, 1992


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joan Leary Matthews of counsel), for appellants.

Lustberg & Ferretti (Robert M. Lustberg of counsel), for respondent.

William H. Kissel for Empire State Concrete & Aggregate Producers Association Inc. and another, amici curiae.

John W. Caffry for Residents Against Gravel Extraction, amicus curiae.

CREW III, HARVEY and MAHONEY, JJ., concur with CASEY, J.; WEISS, P. J., dissents in a separate opinion.


CASEY, J.

At issue on this appeal is whether respondent Adirondack Park Agency (hereinafter APA) has jurisdiction to approve, approve with conditions, or disapprove an extractive mining operation in the Adirondack Park which has obtained a permit from respondent Department of Environmental Conservation (hereinafter DEC) pursuant to the New York State Mined Land Reclamation Law (ECL art 23, tit 27) (hereinafter...

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