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LEWIS FAMILY FARM, INC. v. ADIRONDACK PARK AGENCY

15-1-2008-0109.

2008 NY Slip Op 51348 (U)

LEWIS FAMILY FARM, INC., Petitioner, v. ADIRONDACK PARK AGENCY, Respondent. ADIRONDACK PARK AGENCY, Plaintiff, LEWIS FAMILY FARM, INC., SALIM B. LEWIS, and BARBARA LEWIS, Defendants. ADIRONDACK PARK AGENCY, Plaintiff, v. LEWIS FAMILY FARM, INC., SALIM B. LEWIS, and BARBARA LEWIS Defendants.

Supreme Court of the State of New York, Essex County.

Decided July 2, 2008.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C. (John J. Privitera, Esq., of counsel), Albany, New York, attorneys for the Petitioner and the Defendants.

Andrew M. Cuomo, Esq., New York State Attorney General (Loretta Simon, Esq., Assistant Attorney General), Albany, New York, attorney for the Respondent/Plaintiff Adirondack Park Agency.

Arroyo Copland & Associates, PLLC (Cynthia Feathers, Esq., of counsel) and Elizabeth Corron Dribusch, Esq., General Counsel, Albany, New York, for New York Farm Bureau, Inc., as amicus curiae, supporting the Petitioner/Defendant Lewis Family Farm, Inc.

RICHARD B. MEYER, J.

In this consolidated Article 78 proceeding commenced by Lewis Family Farm, Inc. (Lewis Farm) on April 8, 2008, and action by the Adirondack Park Agency (Agency) to enforce the March 25, 2008 determination of the Agency's enforcement committee, the Agency moves1 to dismiss eight of the sixteen causes of action in the amended petition pursuant to CPLR 3211(a)(5) and (7). Specifically, the Agency claims that the fourth...

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