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MATTER OF TROY SAND AND GRAVEL COMPANY, INC. v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

277 A.D.2d 782 (2000)

716 N.Y.S.2d 772

In the Matter of TROY SAND AND GRAVEL COMPANY, INC., Respondent-Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 22, 2000.

Graffeo, J.

We refer to our recent decision in a related appeal involving these parties for a more complete recitation of the events preceding this controversy (see, Matter of Troy Sand & Gravel Co. v New York State Dept. of Transp., 270 A.D.2d 698, 699, lv denied 95 N.Y.2d 755). Briefly stated, petitioner is a producer of coarse aggregate material, a component of portland cement and bituminous concrete used by...

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