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

240 A.D.2d 407 (1997)

658 N.Y.S.2d 643

In the Matter of Stanley Friedenburg et al., Respondents v. New York State Department of Environmental Conservation, Appellant

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

June 2, 1997

Ordered that the order is modified by deleting the provision thereof which denied that branch of the separate motion which was to dismiss the cause of action asserted in the amended petition to annul the determination and by substituting therefor a provision granting that branch of the separate motion which was to dismiss the cause of action to annul the determination and denying the separate motion to dismiss in all other respects; as so modified, the order is affirmed insofar...

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