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MATTER OF EAGLE CR. LAND RESOURCES, LLC v. WOODSTONE LAKE DEVELOPMENT, LLC

514046.

108 A.D.3d 71 (2013)

964 N.Y.S.2d 743

2013 NY Slip Op 3362

In the Matter of EAGLE CREEK LAND RESOURCES, LLC, et al., Respondents, v. WOODSTONE LAKE DEVELOPMENT, LLC, et al., Appellants.

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

Decided May 9, 2013.

Attorney(s) appearing for the Case

Goldstein, Rikon & Rikon, PC, New York City ( Jonathan Houghton of counsel), for appellants.

Hiscock & Barclay, LLP, Buffalo ( Mark R. McNamara of counsel), for respondents.

PETERS, P.J., ROSE and EGAN JR., JJ., concur.

OPINION OF THE COURT

STEIN, J.

AER NY-GEN, LLC is a power company licensed by the Federal Energy Regulatory Commission (hereinafter FERC) to operate a hydroelectric facility known as the Swinging Bridge Project (hereinafter the project). The project encompasses three reservoirs, including the Toronto Reservoir (hereinafter the reservoir) located in the Town of Bethel, Sullivan County. As a condition of the FERC...

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