Town of Poestenkill v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court (Kahn, J.), entered February 14,1995 in Albany County, which, inter alia, in two proceedings pursuant to CPLR article 78, denied respondents’ motion for reconsideration.
In September 1990, R. J. Valente, Inc. (hereinafter Valente, Inc.) applied to respondent Department of Environmental Conservation (hereinafter DEC) for a permit to mine gravel on 27 acres of a 115-acre parcel of land located in the Town of Poestenkill, Rensselaer County; the application was eventually granted and DEC issued the permit without requiring an environmental impact…
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