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MATTER OF SAVE THE PINE BUSH, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

289 A.D.2d 636 (2001)

734 N.Y.S.2d 267

In the Matter of SAVE THE PINE BUSH, INC., et al., Appellants, v. 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 December 6, 2001.

Mercure, J.

In April 1999, respondent City of Albany applied to respondent Department of Environmental Conservation for permission to expand its existing Rapp Road landfill in the City's Pine Bush area, which the Department had previously classified as a principal aquifer. The expansion (hereinafter referred to as the Project) was proposed for a 23-acre parcel located east and southeast of the Albany Interim Landfill and north of the closed Greater Albany Landfill...

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