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MATTER OF NIAGARA MOHAWK POWER CORP. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

941 CA 19-01942.

195 A.D.3d 1468 (2021)

150 N.Y.S.3d 197

2021 NY Slip Op 03769

In the Matter of Niagara Mohawk Power Corporation, Doing Business as National Grid, Appellant, v. New York State Department of Environmental Conservation, Respondent.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

BOND, SCHOENECK & KING, PLLC, SYRACUSE ( KEVIN M. BERNSTEIN OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JOSHUA M. TALLENT OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Centra, J.P., NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the petition insofar as it sought to annul those parts of the determinations imposing condition 6 of the Alabama-Telegraph permits and condition 7 of the Huntley-Lockport permits, and as modified the judgment is affirmed without costs.

Memorandum: This proceeding concerns three projects undertaken by petitioner to repair and upgrade its power equipment. The three...

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