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CONCERNED CITIZENS OF COHOCTON VALLEY v. N.Y. ST. DEPT. OF ENVIRONMENTAL CONSERVATION

Nos. 96-7373, 96-9474.

127 F.3d 201 (1997)

CONCERNED CITIZENS OF COHOCTON VALLEY, INC., Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Michael Zagata, as Commissioner of the New York State Department of Environmental Conservation; Jeffrey J. Sama, Deputy Permit Administrator of the New York State Department of Environmental Conservation, Defendants-Appellees, J. Makowski Associates, Inc., Defendant-Appellant. AVOCA NATURAL GAS STORAGE, Plaintiff-Appellant, v. CONCERNED CITIZENS OF COHOCTON VALLEY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 2, 1997.

Attorney(s) appearing for the Case

Mark A. Chertok, Sive, Paget & Riesel, New York City (Frederick M. Lowther, Lee A. Alexander, Stefan M. Krantz, Yoav K. Gery, Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, on the brief), for appellants.

Alan J. Knauf, Rochester, NY, Kathleen Liston Morrison, Asst. Atty. Gen., Albany, NY (Mark A. Urbanski, Knauf & Craig, Rochester, NY; Dennis C. Vacco, N.Y. State Atty. Gen., Peter H. Schiff, Dep. Solicitor Gen., Lisa M. Burianek, Timothy Hoffman, Asst. Attys. Gen., Albany, NY, on the brief), for appellees.

Before: NEWMAN and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

These consolidated appeals raise two somewhat esoteric issues of appellate and district court jurisdiction. The first issue is whether and in what circumstances a party may appeal a decision that granted it all the relief it sought, but did so on grounds other than those urged by the prevailing party, leaving in place a subsidiary ruling of the trial court that the appellant apprehends will have an adverse collateral estoppel effect....

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