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MTR OF TOWN OF N. ELBA v. DEC

524862.

160 A.D.3d 74 (2018)

72 N.Y.S.3d 622

2018 NY Slip Op 01369

In the Matter of TOWN OF NORTH ELBA, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided March 1, 2018.

Attorney(s) appearing for the Case

Briggs Norfolk LLP, Lake Placid ( Matt Norfolk of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Susan L. Taylor of counsel), for New York State Department of Environmental Conservation, respondent.

Young Sommer LLC, Albany ( J. Michael Naughton of counsel), for Adirondack Council, Inc., respondent.

EGAN JR., J.P., DEVINE, AARONS and RUMSEY, JJ., concur.

OPINION OF THE COURT

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Essex County) to review a determination of respondent Joseph J. Martens finding, among other things, that the subject road had been abandoned.

The...

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