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ASSOC. BETTER LONG IS. v. DEC

1268-11.

35 Misc.3d 786 (2011)

935 N.Y.S.2d 488

2011 NY Slip Op 33123U

ASSOCIATION FOR A BETTER LONG ISLAND, INC., et al., Petitioners/ Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents/Defendants. TOWN OF RIVERHEAD et al., Petitioners/Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents/Defendants.

Supreme Court, Albany County.

Decided December 1, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Yueh-ru Chu of counsel), for respondents/defendants. Germano & Cahill, P.C., Holbrook ( Michael J. Cahill of counsel), for Association for a Better Long Island, Inc., and others, petitioners/plaintiffs. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead, for Town of Riverhead and another, petitioners/plaintiffs. Whiteman, Osterman & Hanna, Albany, for New York State Builders Association, Inc., and another, amici curiae.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

The Division of Fish, Wildlife and Marine Resources (the Division) of the New York State Department of Environmental Conservation (DEC) is responsible for implementing and enforcing New York State's Endangered Species Act (see ECL 11-0535). Effective November 3, 2010, at the request of the Division, DEC adopted amendments to part 182 of the Rules of the Department of Environmental Conservation with regard...

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