MATTER OF KELLY v. JORLING


164 A.D.2d 181 (1990)

In the Matter of John J. Kelly, Appellant, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation, Respondent

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

November 21, 1990


Attorney(s) appearing for the Case

Roemer & Featherstonhaugh (E. Guy Roemer of counsel), for appellant.

Robert Abrams, Attorney-General (Lawrence A. Rappoport of counsel), for respondent.

CASEY, MIKOLL, YESAWICH, JR., and MERCURE, JJ., concur.


KANE, J. P.

Crane Pond Road is a gravel and dirt roadway located in the Town of Schroon, Essex County, of which the last 2½ miles (hereinafter referred to as the road) lead through State-owned lands to the edge of Crane Pond. That part of the Adirondack Forest Preserve surrounding the road was reclassified "wilderness" in 1979 and, in 1987, the road itself was reclassified wilderness. In December 1989,...

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