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MATTER OF COLELLA v. DEC

196 A.D.2d 162 (1994)

In the Matter of Aldo Colella et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents. (Proceeding No. 1.) In the Matter of Ten Mile River Holding, Ltd., Petitioner, v. New York 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.

March 3, 1994

Attorney(s) appearing for the Case

Michael F. Dennis, Garden City (Saul I. Weinstein of counsel), for petitioners in Proceeding No. 1.

Adams, Smith & Berkman P. C., Brewster (Elizabeth D. Hudak of counsel), for petitioner in Proceeding No. 2.

G. Oliver Koppell, Attorney-General, Albany (Kathleen Liston Morrison, Peter H. Schiff and Douglas H. Ward of counsel), for respondents.

CARDONA, P. J., MIKOLL, WHITE and YESAWICH JR., JJ., concur.

CASEY, J.

Petitioner Ten Mile River Holding, Ltd. (hereinafter TMR) is the owner of farm land in Dutchess County which had been mined by prior owners and operators in areas denominated as pit Nos. 1, 2 and 3. Respondent Department of Environmental Conservation (hereinafter DEC) granted TMR's application in 1982 to mine sand and gravel based upon a negative declaration which found that TMR proposed to operate...

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