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MTR OF ASSOCIATION v. NYS DEC

No. 38.

23 N.Y.3d 1 (2014)

11 N.E.3d 188

988 N.Y.S.2d 115

2014 NY Slip Op 2216

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

Court of Appeals of New York.

Decided April 1, 2014.

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead ( Frank A. Isler of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Andrew B. Ayers , Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUSSALAAM concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Petitioners Town of Riverhead and Town of Riverhead Community Development Agency (Riverhead) seek to challenge 2010 amendments to the regulations of respondent Department of Environmental Conservation (DEC). The issue presented is whether petitioners have standing to challenge these amendments. We find that petitioners can proceed with three of their procedural claims, but...

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