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MATTER OF UPPER SARANAC LAKE ASSOCIATION, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

263 A.D.2d 916 (1999)

693 N.Y.S.2d 336

In the Matter of UPPER SARANAC LAKE ASSOCIATION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided July 29, 1999.

Yesawich Jr., J.

In January 1993, petitioners commenced a CPLR article 78 proceeding to enjoin respondent from operating the Adirondack Fish Culture Station (hereinafter the Hatchery) located near Little Pond, an outlet of Saranac Lake. Petitioners maintained that the Hatchery operated in violation of various water pollution control laws and that respondent sanctioned this by issuing to itself a State Pollutant Discharge Elimination System (hereinafter SPDES) renewal...

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