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  5. 132 A.D.2d 105 (1987)
 

SEABOARD CONTR. v. DEC.

132 A.D.2d 105 (1987)

In the Matter of Seaboard Contracting & Material, Inc., Respondent, v. Department of Environmental Conservation of the State of New York, Appellant, and Town of Smithtown, Proposed Intervenor-Appellant

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

November 25, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Albert M. Bronson, Peter H. Schiff and Douglas H. Ward of counsel), for appellant.

Cole & Deitz (Joseph DiBenedetto and Paul A. Gallay of counsel), for respondent.

Sandra L. Berman, Town Attorney (Thomas A. Abbate and Devitt & Spellman [Brian Callahan] of counsel), for proposed intervenor-appellant.

MAHONEY, P. J., KANE and YESAWICH, JR., JJ., concur with WEISS, J.; LEVINE, J., not taking part.

WEISS, J.

Petitioner commenced the instant CPLR article 78 proceeding seeking to compel respondent to issue a mining permit pursuant to the provisions of the Mined Land Reclamation Law (ECL art 23, tit 27 [hereinafter MLRL]), or, in the alternative, to redesignate itself as the lead agency on petitioner's pending permit application. A brief recitation of the underlying events is in order.

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