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MATTER OF HUNT BROS., INC. v. GLENNON

81 N.Y.2d 906 (1993)

In the Matter of Hunt Brothers, Inc., Respondent, v. Robert C. Glennon, as Executive Director of Adirondack Park Agency, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 1, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Joan Leary Matthews, Jerry Boone, Peter H. Schiff and Val E. Washington of counsel), for appellants.

Lustberg & Ferretti, Long Lake (Robert M. Lustberg and Joan M. Ferretti of counsel), for respondent.

John W. Caffry, Glens Falls, for Residents Against Gravel Extraction and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur in memorandum; Judge BELLACOSA dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition/complaint dismissed.

Petitioner operates a sand and gravel mine in the Town of Hope, Hamilton County, which is located within the Adirondack Park district (see, ECL 9-0101; see generally, Executive Law art 27). In 1989, after petitioner had commenced blasting operations pursuant to a permit issued by the...

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