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MTR OF E CLINTON v. CLINTON

88 A.D.2d 416 (1982)

In the Matter of East Clinton Developers, Inc., Respondent, v. Town of Clinton, Appellant

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

August 30, 1982

Attorney(s) appearing for the Case

Corbally, Gartland & Rappleyea for appellant.

Reed & Reed (John M. Reed of counsel), for respondent.

Robert Abrams, Attorney-General (Shirley Adelson Siegel, James A. Sevinsky and Patricia Martinelli of counsel), for Robert F. Flacke, Commissioner of the Department of Environmental Conservation of the State of New York, amicus curiae.

MOLLEN, P. J., THOMPSON and RUBIN, JJ., concur.

TITONE, J.

In this CPLR article 78 proceeding, petitioner, which had applied to the Department of Environmental Conservation (DEC) for a permit to operate a sand and gravel mine on its tract of land in the Town of Clinton, subsequently submitted a proposed draft environmental impact statement to the town as "lead agency". Before issuing a permit for the operation of such a facility DEC must receive a final environmental...

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