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CATSKILL CTR. v. JORLING

164 A.D.2d 163 (1990)

In the Matter of Catskill Center for Conservation and Development, Inc., et al., Appellants, v. Thomas C. Jorling, as New York State Commissioner of Environmental Conservation, et al., Respondents. (And Another Related Proceeding.)

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

November 15, 1990

Attorney(s) appearing for the Case

Burke, Cavalier, Lindy & Engel, P. C. (Andrew W. Gilchrist of counsel), for appellants.

Greg D. Lubow for Village of Tannersville, appellant.

Robert Abrams, Attorney-General (Francis J. Keehan, Peter H. Schiff and Douglas H. Ward of counsel), for Thomas C. Jorling, respondent.

MAHONEY, P. J., KANE, YESAWICH, JR., and HARVEY, JJ., concur.

MIKOLL, J.

This appeal presents three questions: (1) whether respondent Commissioner of Environmental Conservation properly determined that the scope of review of the water supply permit application submitted by petitioner Village of Tannersville in Greene County was limited to issues incidental to the transfer of ownership, (2) whether the Commissioner's determination properly limited the village's withdrawal...

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