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TOWN OF HEMPSTEAD v. FLACKE

82 A.D.2d 183 (1981)

Town of Hempstead, Petitioner, v. Robert Flacke, as Commissioner of The New York State Department of Environmental Conservation, Respondent

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

July 24, 1981

Attorney(s) appearing for the Case

W. Kenneth Chave, Jr., Town Attorney (Stephen Leiter of counsel), for petitioner.

Robert Abrams, Attorney-General (John G. Proudfit of counsel; Michael A. Bardee on the brief), for respondent.

MOLLEN, P. J., TITONE, MANGANO and BRACKEN, JJ., concur.

Per Curiam.

On November 16, 1979 petitioner Town of Hempstead, on behalf of the Roosevelt Field Water District (RFWD), filed an application with the Department of Environmental Conservation (DEC) for a permit to deepen two wells in the northwest corner of the Roosevelt Field Shopping Center. The town proposed to use the wells for three years to meet peak demands within the RFWD. On March 7, 1980, after meetings of...

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