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MATTER OF WYTHE BERRY, LLC v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

2015-12201. Index No. 505803/14.

188 A.D.3d 1225 (2020)

137 N.Y.S.3d 91

2020 NY Slip Op 07076

In the Matter of Wythe Berry, LLC, Appellant, v. New York State Department of Environmental Conservation et al., Respondents.

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

Decided November 25, 2020.

Ordered that the judgment is modified, on the law, by deleting the provisions thereof denying that branch of the petition/complaint which was to annul the determination of the respondent/defendant New York State Department of Environmental Conservation dated February 19, 2014, denying the application of the petitioner/plaintiff to participate in the Brownfield Cleanup Program (ECL art 27, tit 14), and dismissing that portion of the proceeding/action, and substituting therefor...

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