Legal Opinion

Town of Preble v. Zagata

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1998PublishedCited by 8 opinions

1Opinion of the CourtSpain, J.

Appeal from a judgment of the Supreme Court (Relihan, Jr., J.), entered March 18, 1997 in Cortland County, which, in a proceeding pursuant to CPLR article 78, granted a motion by respondent Preble Aggregate, Inc. to intervene in the proceeding and dismissed the petition.

On July 19, 1996, respondent Commissioner of Environmental Conservation granted respondent Preble Aggregate, Inc. (hereinafter Aggregate) a mining permit for land located within the borders of the Town of Preble, Cortland County. The Commissioner’s determination was made following an adjudicatory hearing in which both…

2Cases cited5 opinions

  1. Baker v. Town of RoxburyAppellate Division of the Supreme Court of the State of New York · 1995
  2. Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
  3. Marshall v. QuinonesAppellate Division of the Supreme Court of the State of New York · 1974
  4. Greco v. TrincellitoAppellate Division of the Supreme Court of the State of New York · 1992
  5. Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by8 opinions

  1. Manupella v. Troy City Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
  2. Rent Stabilization Ass'n v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1998
  3. O'Connell v. Zoning Board of Appeals of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1999
  4. Chalian v. MaloneAppellate Division of the Supreme Court of the State of New York · 2003
  5. New York City Audubon Society, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1999

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