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BARRETT v. WATKINS

52 A.D.3d 1000 (2008)

860 N.Y.S.2d 246

ROBERT BARRETT et al., Respondents, v. MICHAEL B. WATKINS et al., Defendants, and WOODSTONE LAKES DEVELOPMENT, LLC, et al., Respondents, and MIRANT NY-GEN, LLC, Now Known as AER NY-GEN, LLC, Appellant.

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

Decided June 12, 2008.

Peters, J.

Defendant Mirant NY-GEN, LLC (hereinafter NY-GEN) is licensed by the Federal Energy Regulatory Commission (hereinafter FERC) to operate and maintain a hydroelectric facility on the Mongaup River in Sullivan County. As a condition of this license, NY-GEN is required to maintain a recreational area open to the public, including a boat launch and parking lot, on the southeast banks of the Toronto Reservoir in the...

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