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CATSKILL CONSERVATION v. DEC

169 Misc.2d 134 (1996)

642 N.Y.S.2d 986

In the Matter of Catskill Center for Conservation and Development, Inc., et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents, and Shanty Hollow Corporation, Intervenor-Respondent.

Supreme Court, Albany County.

March 14, 1996

Attorney(s) appearing for the Case

Periconi & Rothberg, P. C., New York City (John J. Periconi of counsel), for petitioners. Dennis C. Vacco, Attorney-General, Albany (Kathleen Liston Morrison of counsel), for respondents. LeBoeuf, Lamb, Greene & McRae, Albany (Thomas S. West of counsel), for intervenor-respondent.

LAWRENCE E. KAHN, J.

This CPLR article 78 proceeding concerns the Schoharie Creek as it runs its course through Greene County in the shadow of Hunter Mountain. The Creek is a natural resource which, like all natural resources, can be put to use in many different ways. The petitioners, conservationists and anglers, presently use the Creek for fishing and recreation and seek to preserve it as a habitat for wildlife...

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