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GUPTILL HOLDING v. WILLIAMS

137 Misc.2d 935 (1987)

In the Matter of Guptill Holding Corporation, Petitioner, v. Henry G. Williams, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Respondents. Burgess, Mitikarian, Zanghi et al., Intervenors.

Supreme Court, Albany County.

December 17, 1987

Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith for petitioner. McNamee, Lochner, Titus & Williams, P. C. (George F. Carpinello of counsel), for intervenors. Robert Abrams, Attorney-General (Joel Spitzer of counsel), for respondent.

LAWRENCE E. KAHN, J.

On March 17, 1981, petitioner submitted a mining permit application and reclamation report to mine approximately two acres of land in the Town of Colonie, Albany County, New York. This acreage is part of a 110-acre parcel which petitioner alleges has been used in its sand and gravel mining business since prior to 1962. In support of its application, petitioner submitted a mined land use...

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