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GLOBAL v. NYS DEPT OF ENVTL

523022.

155 A.D.3d 93 (2017)

64 N.Y.S.3d 133

2017 NY Slip Op 07495

In the Matter of GLOBAL COMPANIES LLC, Respondent-Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents-Appellants, and CHARLENE BENTON, as President of Ezra Prentice Home Tenants Association, et al., Appellants-Respondents. (And Another Related Proceeding.).

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

Decided October 26, 2017.

Attorney(s) appearing for the Case

EarthJustice, New York City ( Christopher Amato of counsel), and Pace Environmental Litigation Clinic, Inc., White Plains ( Todd Ommen of counsel), for appellants-respondents.

Young/Sommer LLC, Albany ( Jeffrey S. Baker of counsel), for Global Companies LLC, respondent-appellant.

Eric T. Schneiderman , Attorney General, Albany ( Susan L. Taylor of counsel), for New York State Department of Environmental Conservation and others, respondents-appellants.

GARRY, J.P., EGAN JR., LYNCH and AARONS, JJ., concur.

OPINION OF THE COURT

Cross appeal from a judgment of the Supreme Court (McDonough, J.), entered April 19, 2016, in Albany County, which, among other things, partially dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent...

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