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MATTER OF BENLEVI OBEDIAN & BENLEVI v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

144 A.D.2d 358 (1988)

In the Matter of Benlevi Obedian & Benlevi et al., Appellants-Respondents, v. New York State Department of Environmental Conservation, Respondent-Appellant, and City of New York, Respondent

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

November 7, 1988

Ordered that on this court's own motion, the notice of appeal and notice of cross appeal are treated as applications for leave to appeal, those applications are referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen; and it is further,

Ordered that upon the appeal and cross appeal by permission, the order is modified, by deleting the second decretal paragraph thereof, and substituting therefor a provision deeming the petitioners...

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