Ordered that the appeal from the order entered December 17, 1992, is dismissed, as that order was superseded by the order entered April 23, 1993, made upon reargument; and it is further,
Ordered that the order entered April 23, 1993, is affirmed insofar as reviewed, for reasons stated by Justice Scarpino at the Supreme Court; and it is further,
Ordered that the respondents Thomas Jorling and New York State Department of Environmental Conservation are awarded...
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