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MATTER OF SAVE THE PINE BUSH, INC. v. CUOMO

200 A.D.2d 859 (1994)

606 N.Y.S.2d 818

In the Matter of Save the Pine Bush, Inc., et al., Petitioners, v. Mario M. Cuomo, as Governor of The State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of Save the Pine Bush, Inc., et al., Appellants, v. Thomas C. Jorling, as Commissioner of The State Department of Environmental Conservation, et al., Respondents. (Proceeding No. 2.)

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

January 20, 1994

Mercure, J.

In August 1986, respondent City of Albany applied to respondent Department of Environmental Conservation for permission to construct a landfill adjacent to its existing Rapp Road landfill on a 36-acre site in the area known as the Pine Bush. The Department, as the lead agency under the State Environmental Quality Review Act (ECL art 8), issued a positive declaration and the City accordingly prepared a draft environmental impact statement ...

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