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MATTER OF SCHULTZ v. JORLING

164 A.D.2d 252 (1990)

In the Matter of Kenneth Schultz et al., Individually and as Members of The Neversink River State Nature Preserve Advisory Committee, et al., Respondents, v. Thomas Jorling, as Commissioner of The New York State Department of Environmental Conservation, et al., Appellants. (And Another Related Proceeding.)

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

December 6, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael J. Moore, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Jacob R. Billig for Kenneth Schultz and others, respondents.

Kenneth C. Klein for Town of Forestburg, respondent.

MAHONEY, P. J., CASEY, MIKOLL and HARVEY, JJ., concur.

YESAWICH, JR., J.

In 1987, respondent Department of Environmental Conservation (hereinafter DEC), the lead agency for review of the development of a nature preserve located in Sullivan County and referred to as the Neversink River Unique Area, published a positive declaration of environmental significance (see, 6 NYCRR 617.2 [cc]).1 A draft environmental impact statement ...

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