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MATTER OF BEER v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

529705.

189 A.D.3d 1916 (2020)

138 N.Y.S.3d 684

2020 NY Slip Op 07959

In the Matter of Ingrid Beer et al., Appellants, v. New York State Department of Environmental Conservation et al., Respondents, et al., Respondents.

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

Decided December 24, 2020.

Attorney(s) appearing for the Case

Marty I. Rosenbaum , Albany, for appellants.

Letitia James , Attorney General, Albany ( Joshua M. Tallent of counsel), for New York State Department of Environmental Conservation and another, respondents.

Drake Loeb, PLLC, New Windsor ( Stephen J. Gaba of counsel), for Village of New Paltz and others, respondents.

Garry, P.J., Egan Jr., Lynch and Clark, JJ., concur.

In February 2018, respondent Department of Environmental Conservation (hereinafter DEC) issued a 10-year water withdrawal permit (hereinafter the permit) to respondent Town of New Paltz (hereinafter the Town) to implement a joint water project undertaken by the Town and the Village of New Paltz

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