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IN THE MATTER OF DEMERS v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

3 A.D.3d 744 (2004)

770 N.Y.S.2d 807

In the Matter of RAYMOND DEMERS, Doing Business as NICHOLAS F. DOMAIN SAND & GRAVEL, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

January 22, 2004.

Lahtinen, J.

Respondent denied petitioner's request to convert an application for a mining permit, that respondent had treated as a single application for six years, into two separate applications. The issue on appeal is whether respondent's action constituted a final agency determination that is ripe for judicial review.

Petitioner conducts a sand and gravel mine on a 47-acre parcel in the Town of Dover, Dutchess County and, in 1995, sought to expand his...

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