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MATTER OF ASSOCIATION FOR A BETTER LONG IS., INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

514121.

97 A.D.3d 1085 (2012)

949 N.Y.S.2d 291

2012 NY Slip Op 5781

In the Matter of ASSOCIATION FOR A BETTER LONG ISLAND, INC., Petitioner, and JAN BURMAN et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

July 26, 2012.

Rose, J.

Petitioners Town of Riverhead, Town of Riverhead Community Development Agency, Jan Burman and M-GBC, LLC (hereinafter collectively referred to as petitioners) and another commenced combined CPLR article 78 proceedings and declaratory judgment actions challenging, on various procedural and substantive grounds, regulations issued by respondent New York State Department of Environmental Conservation that require "incidental take" permits for any activity likely...

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