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MATTER OF CARLSON ASSOCS. v. TOWN BD. OF SMITHTOWN

206 A.D.2d 530 (1994)

615 N.Y.S.2d 407

In the Matter of Carlson Associates et al., Appellants, v. Town Board of Smithtown et al., Respondents

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

July 25, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioners operate a gravel and sand mining business in Kings Park, New York. In 1991, the petitioners submitted an application for a mining permit with the New York State Department of Environmental Conservation. Thereafter, the Town of Smithtown (hereinafter the Town) assumed lead agency status pursuant to the New York State Environmental Quality Review Act (hereinafter SEQRA) with respect...

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