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MATTER OF FLAX v. ASH

142 Misc.2d 828 (1988)

In the Matter of Shira Flax et al., Petitioners, v. Carol Ash, as Regional Director of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, New York County.

November 10, 1988

Attorney(s) appearing for the Case

Jacob D. Fuchsberg Law Firm (James Lane of counsel), for petitioners. Robert Abrams, Attorney-General (John G. Proudfit of counsel), for respondents. Cawse & Birmingham for intervenor-respondent.

EDWARD J. GREENFIELD, J.

This CPLR article 78 proceeding seeks a judgment vacating the contingent grant by the respondent officials of the New York State Department of Environmental Conservation (DEC) to the United States Navy of a water quality certificate, which enabled the Navy to proceed with its plans for the construction of a homeport base and facilities on Staten Island for a battleship surface action...

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