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MATTER OF STEPHENTOWN CONCERNED CITIZENS v. HERRICK

223 A.D.2d 862 (1996)

636 N.Y.S.2d 470

In the Matter of Stephentown Concerned Citizens et al., Respondents, v. Dean Herrick, as Code Enforcement Officer of The Town of Stephentown, et al., Respondents, and V. James Boyle, Jr. et al., Appellants

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

January 11, 1996

Cardona, P. J.

Respondent V. James Boyle, Jr. is the owner of a gravel pit in the Town of Stephentown, Rensselaer County, which he leases to respondent Troy Sand & Gravel Company, Inc. (hereinafter Troy Sand). The pit is subject to the regulatory authority of respondent Department of Environmental Conservation (hereinafter DEC) and was being operated under a permit issued by DEC in May 1990 to expire on...

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