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NORTHEAST MINES v. STATE

113 A.D.2d 62 (1985)

In the Matter of Northeast Mines, Inc., et al., Respondents, v. State of New York Department of Environmental Conservation, Appellant, and Town of Smithtown, Intervenor-Appellant

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

November 15, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Val E. Washington, Peter H. Schiff and Kathleen Liston Morrison of counsel), for appellant.

Stephen P. Scaring, P. C. (Richard P. Broder and Peter R. Newman of counsel), for respondents.

Donald R. Blydenburgh, Town Attorney (Linda A. Findlay of counsel), for intervenor-appellant.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

LEVINE, J.

Petitioners own and operate a sand and gravel mining business on a large parcel of land in the Town of Smithtown (Smithtown), Suffolk County. They applied for and were granted a permit to conduct their mining operations from respondent, the Department of Environmental Conservation (DEC), pursuant to the provisions of the Mined Land Reclamation Law (ECL art 23, tit 27, as added by L 1974, ch 1043 ...

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