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LIGHTHOUSE POINTE v. NYS. DEPT.

No. 3

14 N.Y.3d 161 (2010)

924 N.E.2d 801

897 N.Y.S.2d 693

In the Matter of LIGHTHOUSE POINTE PROPERTY ASSOCIATES LLC, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Court of Appeals of New York.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Knauf Shaw LLP, Rochester ( Alan J. Knauf , Linda R. Shaw , Amy Reichhart and Dwight Kanyuck of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Denise A. Hartman , Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

Petitioner Lighthouse Pointe Property Associates LLC (Lighthouse) commenced this CPLR article 78 proceeding to challenge the decision by the New York State Department of Environmental Conservation (DEC or the Department) to deny its requests for acceptance of certain real property into the Brownfield Cleanup Program (BCP). For the reasons that follow, we conclude that DEC acted...

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