Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The New York Department of Environmental Conservation (hereinafter the DEC) acted rationally in classifying the construction of the subject congregate-care facility, a three-story, 120-unit, assisted-living residence for senior citizens, as a residential activity under 6 NYCRR 663.4 (d) (42). Since the activity was correctly classified...
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