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MATTER OF SIERRA CLUB v. MARTENS

5138. 100524/15.

156 A.D.3d 454 (2017)

67 N.Y.S.3d 14

2017 NY Slip Op 08627

In the Matter of SIERRA CLUB et al., Appellants, v. JOSEPH MARTENS et al., Respondents.

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

Decided December 12, 2017.

On November 21, 2014, DEC granted an initial water withdrawal permit pursuant to article 15, title 15 of the ECL authorizing Con Ed to withdraw water from the East River. That same day, DEC served the permit upon Con Ed, petitioner Sierra Club, and other persons who had appeared in the DEC proceedings. On March 23, 2015, petitioners brought this article 78 proceeding seeking to annul the permit. In a decision entered October 7, 2016, the petition court granted Con Ed's motion...

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