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MTR OF MONCURE v. EN CON

218 A.D.2d 262 (1996)

639 N.Y.S.2d 859

In the Matter of Peter Moncure et al., Respondents-Appellants, v. New York State Department of Environmental Conservation, Appellant-Respondent

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

March 14, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Kathleen Liston Morrison, Victoria A. Graffeo, Peter H. Schiff and James A. Sevinsky of counsel), for appellant-respondent.

Whiteman Osterman & Hanna, Albany (Jeffrey S. Baker and John J. Henry of counsel), for respondents-appellants.

CARDONA, P. J., MIKOLL, CASEY and SPAIN, JJ., concur.

WHITE, J.

In 1985, petitioner C. Powers Taylor leased two acres of the 319-acre parcel of land he owned on Overlook Mountain in the Town of Woodstock, Ulster County, to petitioner Peter Moncure for an initial term of 30 years with the option to extend for three successive terms of 30 years. As relevant here, the lease provides: "Limited Purpose. [Moncure] represents that he desires and...

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