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MATTER OF ATLANTIC STATES LEGAL FOUND., INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

517388.

119 A.D.3d 1172 (2014)

991 N.Y.S.2d 151

2014 NY Slip Op 5384

In the Matter of ATLANTIC STATES LEGAL FOUNDATION, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent, et al., Respondents.

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

Decided July 17, 2014.

Stein, J.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered June 7, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted a motion by respondent Department of Environmental Conservation to dismiss the petition.

In August 2012, respondent Department of Environmental Conservation (hereinafter DEC) issued a Freshwater Wetlands permit (see ECL art 24) to respondent Stacy Cappon relating to property that she owned...

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