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MATTER OF CATSKILL HERITAGE ALLIANCE, INC. v. NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION

524617.

161 A.D.3d 11 (2018)

74 N.Y.S.3d 401

2018 NY Slip Op 02516

In the Matter of CATSKILL HERITAGE ALLIANCE, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided April 12, 2018.

Attorney(s) appearing for the Case

Braymer Law, PLLC, Glens Falls ( Claudia K. Braymer of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Andrew G. Frank of counsel), for New York State Department of Environmental Conservation, respondent.

Whiteman Osterman & Hanna LLP, Albany ( John J. Henry of counsel), for Crossroads Ventures LLC, respondent.

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

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ryba, J.), entered December 7, 2016 in Albany County, which dismissed petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of the Commissioner of Environmental Conservation...

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