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SAVE PINE BUSH v. ZONING BD.

220 A.D.2d 90 (1996)

643 N.Y.S.2d 689

In the Matter of Save the Pine Bush, Inc., et al., Appellants-Respondents, v. Zoning Board of Appeals of the Town of Guilderland et al., Respondents, and Michael Giovanone, Respondent-Appellant

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

May 23, 1996

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Albany, for appellants-respondents.

DeAngelis, Kaplowitz, Murphy, Runion, Fritts & Whiting, Delmar (Kenneth D. Runion of counsel), for Zoning Board of Appeals of the Town of Guilderland, respondent.

Dennis C. Vacco, Attorney-General, Albany (John Sipos, Victoria A. Graffeo, Peter H. Schiff and James A. Sevinsky of counsel), for New York State Department of Environmental Conservation, respondent.

Wein, Young, Fenton & Kelsey, P. C., Guilderland (Paul H. Wein of counsel), for respondent-appellant.

MERCURE, WHITE, CASEY and SPAIN, JJ., concur.

MIKOLL, J. P.

On February 2, 1994, respondent Michael Giovanone signed a contract to purchase a six-acre parcel of real property owned by OMF of Albany and located on Apollo Drive in the Town of Guilderland, Albany County. The parcel is adjacent to one of the last viable Karner Blue Butterfly populations and is within the primary protection area of the Pine Bush Preserve (see, e.g., Matter of Save the...

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