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MATTER OF CITIZENS v. NYS BD. ON ELEC.

281 A.D.2d 89 (2001)

723 N.Y.S.2d 532

In the Matter of CITIZENS FOR THE HUDSON VALLEY et al., Petitioners, v. NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT et al., Respondents.

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

April 12, 2001.

Attorney(s) appearing for the Case

Carl G. Dworkin, Albany, for petitioners.

Eliot Spitzer, Attorney General, Albany (John J. Sipos of counsel), for State of New York, respondent.

Lawrence G. Malone, General Counsel, Albany (Carl F. Patka of counsel), for New York State Board on Electric Generation Siting and the Environment and another, respondents.

Nixon Peabody L. L. P., Albany (Ruth E. Leistensnider of counsel), and Read & Laniado, L. L. P., for Athens Generating Company, L. P., respondent.

PETERS, SPAIN, CARPINELLO and ROSE, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

Public Service Law article X (see, L 1992, ch 519, § 6, as amended by L 1999, ch 636) provides for a comprehensive review of environmental and public interest impacts and the issuance of a certificate of environmental compatibility and public need as a precondition to the siting of a major electric generating facility, i.e., one with an output of 80,000 kilowatts or more, within the State (Public Service Law...

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