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ESSEX COUNTY v. ZAGATA

91 N.Y.2d 447 (1998)

695 N.E.2d 232

672 N.Y.S.2d 281

In the Matter of Essex County et al., Appellants, v. Michael D. Zagata, as Commissioner of New York State Department of Environmental Conservation, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1998.

Attorney(s) appearing for the Case

Richard B. Meyer, County Attorney of Essex County, Elizabethtown, and Devorsetz Stinziano Gilberti Heintz & Smith, P. C., Syracuse (Kevin G. Roe, William J. Gilberti, Jr., and Joshua H. Heintz of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Lawrence A. Rappoport, Barbara G. Billet, Peter H. Schiff and Lisa M. Burianek of counsel), for respondents.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

Underlying the complex factual scenario that follows is the question of when an application for agency review became "final" so as to trigger the 60-day Statute of Limitations under Executive Law § 818 (1).

In November 1995, appellant Essex County Board of Supervisors solicited proposals from private entities seeking to buy its landfill...

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