MATTER OF 101CO, LLC v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

531112.

189 A.D.3d 1948 (2020)

139 N.Y.S.3d 658

2020 NY Slip Op 07969

In the Matter of 101CO, LLC, et al., Appellants, v. New York State Department of Environmental Conservation, Respondent, et al., Respondents.

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

Decided December 24, 2020.


Attorney(s) appearing for the Case

Tooher & Barone, LLP, Albany ( Meave M. Tooher of counsel), for appellants.

Letitia James , Attorney General, Albany ( Frederick A. Brodie of counsel), for New York State Department of Environmental Conservation, respondent.

Lynch, J.P., Clark and Colangelo, JJ., concur.


The underlying facts are set forth more fully in our prior decision in this matter (169 A.D.3d 1307 [2019], lv dismissed 34 N.Y.3d 1010 [2019]). Briefly, petitioners commenced this combined CPLR article 78 proceeding and action pursuant to ECL 71-1311(2) seeking a variety of relief, including...

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