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MATTER OF TOWN OF POESTENKILL v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

229 A.D.2d 650 (1996)

644 N.Y.S.2d 602

In the Matter of Town of Poestenkill, Respondent, v. New York State Department of Environmental Conservation, Appellant In the Matter of Susan Lascari et al., Respondents, v. New York State Department of Environmental Conservation et al., Appellants

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

July 3, 1996

Spain, J.

In September 1990, R. J. Valente, Inc. (hereinafter Valente, Inc.) applied to respondent Department of Environmental Conservation (hereinafter DEC) for a permit to mine gravel on 27 acres of a 115-acre parcel of land located in the Town of Poestenkill, Rensselaer County; the application was eventually granted and DEC issued the permit without requiring an environmental impact statement (hereinafter EIS). The same petitioners in the present proceeding...

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