Hingston v. New York State Department of Environmental Conservation

Appeal from a judgment of the Supreme Court (Spain, J.), entered September 15, 1992 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to, inter alia> annul respondent’s determination issuing a mining permit.

In November 1988, Sco-Land Farms, Inc. filed an application with respondent for a permit pursuant to ECL article 23 for the phased mining of sand and gravel on approximately 22 acres in the Town of North East, Dutchess County, over an estimated 15 years. The mining was to occur in four phases with sequential reclamation in a manner…