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MATTER OF SOUR MOUNTAIN REALTY, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

260 A.D.2d 920 (1999)

688 N.Y.S.2d 842

In the Matter of SOUR MOUNTAIN REALTY, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided April 22, 1999.

Spain, J.

The petition challenges the issuance by respondent State Department of Environmental Conservation (hereinafter DEC) of a positive declaration requiring that petitioner prepare a supplemental environmental impact statement (hereinafter SEIS) to address the discovery—subsequent to DEC's acceptance of petitioner's draft environmental impact statement (hereinafter DEIS)—of timber rattlesnakes, a threatened species, in close proximity to property...

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