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MATTER OF BERGER v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

517632.

125 A.D.3d 1128 (2015)

In the Matter of ROBERT BERGER et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided February 19, 2015.

The Honk Falls Dam (hereinafter the dam), located on the Rondout Creek in the Town of Warwarsing, Ulster County, was built in 1898 to generate hydroelectric power. In 1924, United Hudson Electric Corporation (hereinafter Central Hudson)1 purchased a number of parcels surrounding the Rondout Creek from the original...

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