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TOWN OF WATERFORD v. NYS DEPT.

506811.

77 A.D.3d 224 (2010)

906 N.Y.S.2d 651

In the Matter of TOWN OF WATERFORD, Respondent-Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Appellant-Respondent.

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

August 12, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, Albany ( Paul Groenwegen of counsel), for appellant-respondent.

Dreyer Boyajian L.L.P., Albany ( Craig M. Crist of counsel), for respondent-appellant.

CARDONA, P.J., and MALONE JR., J., concur with KAVANAGH, J.; EGAN JR. and MERCURE, JJ., concur in part and dissent in part in a separate opinion by EGAN JR., J.

OPINION OF THE COURT

KAVANAGH, J.

Petitioner is a Saratoga County municipality located in a water district that draws its drinking water from the Hudson River.1 The Department of Health (hereinafter DOH), the United States Environmental Protection Agency (hereinafter the EPA) and respondent have overlapping jurisdiction and share statutory responsibility for the preparation and subsequent implementation of a hazardous waste remediation...

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