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GALUSHA v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

No. 98-CV-1117 (LEK/RWS).

27 F.Supp.2d 117 (1998)

Theodore E. GALUSHA, Teena Willard, and William Searles, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; John P. Cahill, in his official capacity as Commissioner of the New York State Department of Environmental Conservation; Adirondack Park Agency of the State of New York; Daniel T. Fitts, in his official capacity as Chairman of the Adirondack Park Agency of the State of New York; George E. Pataki, in his official capacity as Governor of the State of New York; John Doe individually; and The State of New York, Defendants.

United States District Court, N.D. New York.

October 9, 1998.

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, Albany, NY, Albany Law School Litigation Clinic, Albany, NY, for plaintiffs.

Hon. Dennis C. Vacco, Attorney General of the State of New York, Environmental Protection Bureau, Albany, New York, for defendants, Lisa M. Burianek, Asst. Attorney General, Joseph T. Baum, Alvin O. Sabo, of counsel.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

On July 28, 1998, this Court granted temporary relief to the Plaintiffs through an Order to Show Cause. On August 7, 1998, a hearing was held regarding Plaintiffs' requested preliminary injunction.1 At that time, it was agreed Defendants would submit to this Court a report regarding motorized vehicle use in a heavily visited area of the Adirondack Park ("DEC Report")...

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