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MATTER OF PREBLE v. ZAGATA

263 A.D.2d 833 (1999)

693 N.Y.S.2d 766

In the Matter of TOWN OF PREBLE, Petitioner, v. MICHAEL D. ZAGATA, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

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

Decided July 22, 1999.

Spain, J.

In December 1986, respondent Preble Aggregate, Inc. applied to the Department of Environmental Conservation (hereinafter DEC) for a Mined Land Reclamation Permit for a proposed sand and gravel mine in the Town of Preble, Cortland County (see, ECL 23-2701 et seq.; see also, 6 NYCRR parts 420-426).* The proposed plans provided for mining approximately two million...

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