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MATTER OF TOWN OF RIVERHEAD v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

50 A.D.3d 811 (2008)

858 N.Y.S.2d 183

In the Matter of TOWN OF RIVERHEAD et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided April 8, 2008.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The petitioners Town of Riverhead and Town Board of the Town of Riverhead (hereinafter together the Town) commenced this proceeding pursuant to CPLR article 78 alleging that the respondent New York State Department of Environmental Conservation (hereinafter DEC) acted arbitrarily and capriciously in denying the Town's application to revoke a...

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