MATTER OF FRIENDS OF THE SHAWANGUNKS, INC. v. FLACKE


92 A.D.2d 640 (1983)

In the Matter of Friends of the Shawangunks, Inc., et al., Petitioners, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, Respondent, and Marriott Corporation, Intervenor-Respondent

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

February 3, 1983


Petitioners contend in this proceeding that respondent commissioner applied an erroneous standard of review to the evidence adduced at the hearing held in regard to the intervenor's project and erroneously issued a permit for the second phase of the project without an adequate basis under any standard. The project consists of a proposed development of a 400-room resort hotel and conference center and 300 condominiums, together with ancillary year-round recreational facilities...

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