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MATTER OF CAFLISCH v. CROTTY

2 Misc.3d 786 (2003)

774 N.Y.S.2d 653

In the Matter of JAMES E. CAFLISCH et al., Petitioners/Plaintiffs, v. ERIN M. CROTTY, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents/Defendants.

Supreme Court, Chemung County.

December 31, 2003.

Attorney(s) appearing for the Case

Lipman & Biltekoff, Williamsville (Allan R. Lipman of counsel), for petitioners/plaintiffs.

Eliot Spitzer, Attorney General, Buffalo (Timothy Hoffman of counsel), for Erin M. Crotty and others, respondents/defendants.

John H. Heyer, Olean, for Pennsylvania General Energy Corp. and another, respondents/defendants.

Christopher Denton, Elmira, amicus curiae.

OPINION OF THE COURT

ROBERT C. MULVEY, J.

Petitioners/plaintiffs in this combined proceeding pursuant to CPLR article 78 and 3001 seek to challenge that portion of the determination of the Commissioner of Environmental Conservation made in her interim decision dated October 28, 2002 and embodied in her final decision and order dated December 30, 2002, which held that the petitioners/plaintiffs, in their capacity as landowner and/or lessee in connection with...

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