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ADIRONDACKS v. ADIRONDACK

516901

121 A.D.3d 63 (2014)

990 N.Y.S.2d 643

2014 NY Slip Op 4992

In the Matter of PROTECT THE ADIRONDACKS! INC. et al., Petitioners-Appellants, v. ADIRONDACK PARK AGENCY et al., Respondents-Respondents.

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

Decided July 3, 2014.

Attorney(s) appearing for the Case

Caffry & Flower, Glens Falls ( John W. Caffry of counsel), for petitioners-appellants.

Eric T. Schneiderman , Attorney General, Albany ( Susan L. Taylor of counsel), for Adirondack Park Agency, respondent-respondent.

Fitzgerald, Morris, Baker & Firth, Glens Falls ( Thomas A. Ulasewicz of counsel) and Whiteman, Osterman & Hanna, LLP, Albany ( Robert L. Sweeney of counsel), for Preserve Associates, LLC and others, respondents-respondents.

LAHTINEN, J.P., McCARTHY, EGAN JR. and LYNCH, JJ., concur.

OPINION OF THE COURT

ROSE, J.

In 2004, respondents Preserve Associates, LLC, Big Tupper, LLC, Tupper Lake Boat Club, LLC and Nancy Hull Godshall, as trustee of respondent Oval Wood Dish Liquidating Trust (hereinafter collectively referred to as the developers), submitted an application to respondent Adirondack Park Agency (hereinafter the APA) for conceptual approval of the proposed Adirondack Club and Resort ...

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