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MATTER OF STATEN ISLAND RAPID TRANSIT OPERATING AUTH. v. ZAGATA

244 A.D.2d 340 (1997)

663 N.Y.S.2d 883

In the Matter of Staten Island Rapid Transit Operating Authority, Appellant, v. Michael D. Zagata, as Commissioner of The Department of Environmental Conservation of the State of New York, Respondent

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

November 3, 1997

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioner, Staten Island Rapid Transit Operating Authority (hereinafter SIRTOA), installed a fence along both sides of its tracks running between the Richmond Avenue and Prince's Bay train stations in Staten Island without obtaining a permit from the Department of Environmental Conservation (hereinafter the DEC) as required by ECL article 24...

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