Seaboard Contracting & Material, Inc. v. Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weiss, J.
Petitioner commenced the instant CPLR article 78 proceeding seeking to compel respondent to issue a mining permit pursuant to the provisions of the Mined Land Reclamation Law (ECL art 23, tit 27 [hereinafter MLRL]), or, in the alternative, to redesignate itself as the lead agency on petitioner’s pending permit application. A brief recitation of the underlying events is in order.
On or about August 2, 1985, petitioner applied to respondent for a permit to mine sand and gravel on an 18-acre parcel located in the Town of Smithtown, Nassau County (see, ECL 23-2711…
2Cases cited16 opinions
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
- Grossman v. RankinNew York Court of Appeals · 1977
- Wing v. CoyneAppellate Division of the Supreme Court of the State of New York · 1987
- Atlantic Cement Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
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- Guptill Holding Corp. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1988
- Tinker Street Cinema v. Town of Woodstock Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
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