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MATTER OF TOWN OF PREBLE v. ZAGATA

250 A.D.2d 912 (1998)

672 N.Y.S.2d 510

In the Matter of The Town of Preble, Appellant, v. Michael D. Zagata, as Commissioner of The New York Department of Environmental Conservation, et al., Respondents

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

May 7, 1998

Spain, J.

On July 19, 1996, respondent Commissioner of Environmental Conservation granted respondent Preble Aggregate, Inc. (hereinafter Aggregate) a mining permit for land located within the borders of the Town of Preble, Cortland County. The Commissioner's determination was made following an adjudicatory hearing in which both petitioner and Aggregate participated. Petitioner opposed the permit on the ground that the proposed mining activity would result...

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