Legal Opinion
Matter of Berger v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2015No. 517632Published
1Opinion of the CourtLynch, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Department of Environmental Conservation which found that petitioners and respondents David Cook and Jody Cook failed to operate and maintain a certain dam in a safe condition.
The Honk Falls Dam (hereinafter the dam), located on the Rondout Creek in the Town of Warwarsing, Ulster County, was built in 1898 to generate hydroelectric power. In 1924, United Hudson Electric Corporation (hereinafter Central Hudson) 1 purchased a number of…
2Cases cited12 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- In the Matter of City of New YorkNew York Court of Appeals · 2008
- United Paper Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1919
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