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MATTER OF CITY OF ITHACA v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

529392.

188 A.D.3d 1322 (2020)

135 N.Y.S.3d 503

2020 NY Slip Op 06322

In the Matter of City of Ithaca 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 November 5, 2020.

In August 2017, respondent Department of Environmental Conservation (hereinafter DEC) granted respondent Cargill Incorporated a permit to construct a surface shaft. Petitioners commenced this CPLR article 78 proceeding in December 2017 challenging DEC's determination to issue the permit. During the proceeding, petitioners moved to compel...

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