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MATTER OF SALMON v. FLACKE

61 N.Y.2d 798 (1984)

In the Matter of Clinton A. Salmon, Individually and as Supervisor of the Town of Sardinia, Appellant, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Richard J. Lippes for appellant.

Richard N. Blewett for Richard Penfold, respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE. Taking no part: Judge SIMONS.

Orders affirmed, without costs, for reasons stated in the memoranda at the Appellate Division (91 A.D.2d 867, 868). We would only add that, in other circumstances, there might be proof of change in the level of operation so substantial as to be sufficient to remove an activity from the exclusion clause of ECL 8-0111 (subd 5, par [a]), notwithstanding that the basic nature of the activity remains...

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