Legal Opinion
Demers v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2004PublishedCited by 14 opinions
1Opinion of the CourtLahtinen, J.
Appeal from a judgment and an amended judgment of the Supreme Court (Teresi, J.), entered September 19, 2002 and September 27, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.
Respondent denied petitioner’s request to convert an application for a mining permit, that respondent had treated as a single application for six years, into two separate applications. The issue on appeal is whether respondent’s action constituted a final agency determination that is ripe for judicial review.
Petitioner conducts a sand and…
2Cases cited4 opinions
- Essex County v. ZagataNew York Court of Appeals · 1998
- Gordon v. RushNew York Court of Appeals · 2003
- Sour Mountain Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1999
- American Transit Insurance v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by14 opinions
- Schmitt v. SkoviraAppellate Division of the Supreme Court of the State of New York · 2008
- Riverkeeper, Inc. v. CrottyAppellate Division of the Supreme Court of the State of New York · 2006
- Center of Deposit, Inc. v. Village of DepositAppellate Division of the Supreme Court of the State of New York · 2011
- Adirondack Council, Inc. v. Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 2012
- Global Companies LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2017
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