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MATTER OF NATURAL RESOURCES DEFENSE COUNCIL, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

2012-02913, 2012-06330

120 A.D.3d 1235 (2014)

994 N.Y.S.2d 125

2014 NY Slip Op 06090

In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Respondents-Appellants, v. NEW YORK STATE DEPARMENT OF ENVIRONMENTAL CONSERVATION, Appellant-Respondent. (Appeal No. 1.) In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent. (Appeal No. 2.)

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

Decided September 10, 2014.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is,

Ordered that the motion for leave to reargue is granted and, upon reargument, the decision and order of this Court dated November 13, 2013 (Matter of Natural Resources Defense Council, Inc. v New York State Dept. of Envtl. Conservation, 111 A.D.3d 737 [2013], lv granted 23 N.Y.3d 901 ...

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