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ATL. CEMENT v. WILLIAMS

129 A.D.2d 84 (1987)

In the Matter of Atlantic Cement Company, Inc., Respondent-Appellant, v. Henry G. Williams, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Appellants-Respondents

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

June 11, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (James J. Periconi, Peter H. Schiff and Val E. Washington of counsel), for appellants-respondents.

Lombardi, Devorsetz, Stinziano & Smith (William J. Gilberti, Jr., Albert M. Ferlo, Jr., Joshua H. Heintz and Rosemary Stack of counsel), for respondent-appellant.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

HARVEY, J.

Petitioner operates a mining operation and cement manufacturing facility on approximately 2,000 acres of land in Albany County. It has been in business at that location since 1961 and its operation is one of the largest of its type in the United States. Petitioner employs approximately 500 people and its product is distributed throughout the entire market east of the Mississippi River.

In 1974...

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