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SCENIC HUDSON v. JORLING

183 A.D.2d 258 (1992)

In the Matter of Scenic Hudson, Inc., et al., Appellants, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

November 12, 1992

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C., New York City (Mark A. Chertok and David S. Yudelson of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Kathleen Liston Morrison, Peter H. Schiff and Douglas H. Ward of counsel), for Thomas C. Jorling and another, respondents.

Roemer & Featherstonhaugh, P. C., Albany (Michael A. Greco of counsel), for Alsen Coal Terminal, Ltd., respondent.

YESAWICH JR., LEVINE, CREW III and HARVEY, JJ., concur.

MIKOLL, J. P.

In 1985, respondent Department of Environmental Conservation (hereinafter DEC), following full State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) review involving the preparation of a draft environmental impact statement (hereinafter DEIS), public hearings and preparation of a final environmental impact statement (hereinafter FEIS), issued permits to respondent Alsen Coal Terminal...

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