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MATTER OF TOWN OF BABYLON v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

33 A.D.3d 617 (2006)

822 N.Y.S.2d 138

In the Matter of TOWN OF BABYLON et al., Appellants, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents.

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

Decided October 3, 2006.

Ordered that the order and judgment is modified, on the law, by adding thereto provisions declaring that the New York State Department of Transportation complied with the State Environmental Quality Review Act in (1) approving a "Hangar Development Operation and Use Agreement" effective January 4, 2004, between the respondents Talon Air Services, LLC, and Talon Air, Inc., and Flightways of Long Island, Inc., doing business as Atlantic Aviation, and (2) executing an "Agreement...

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