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MATTER OF HAMPTON SAND CORP. v. CAHILL

281 A.D.2d 547 (2001)

721 N.Y.S.2d 820

In the Matter of HAMPTON SAND CORP. et al., Respondents, v. JOHN P. CAHILL, as Commissioner of the New York State Department of Environmental Conservation, et al., Appellants.

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

Decided March 19, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the motion is denied as academic.

In a related appeal (State of New York v Hampton Sand Corp., 281 A.D.2d 536 [decided herewith]), we rejected the petitioners' argument that they were granted a permit to mine the subject property by operation of law because the appellant...

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