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IN THE MATTER OF MOHAWK VALLEY ORGANICS LLC v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

13 A.D.3d 938 (2004)

787 N.Y.S.2d 188

In the Matter of MOHAWK VALLEY ORGANICS LLC, Appellant 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.

December 23, 2004.

Carpinello, J.

At issue is a determination of respondent Commissioner of Environmental Conservation (hereinafter respondent) revoking a solid waste permit that had been issued to petitioner in October 2000. The permit authorized the construction and operation of an open air composting facility in Montgomery County. As substantial evidence in the record supports respondent's determination (see CPLR 7803 [4]), we confirm.

The record reveals the following...

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