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IN THE MATTER OF MONTAGUE v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY CROTTY

25 A.D.3d 904 (2006)

808 N.Y.S.2d 798

In the Matter of DOROTHY P. MONTAGUE, as President of Germantown Neighbors Association, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION by ERIN CROTTY, Commissioner, et al., Respondents.

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

January 12, 2006.

Rose, J.

Petitioners attempted to bring a CPLR article 78 proceeding to annul a negative declaration issued by respondent Department of Environmental Conservation. On the final day before expiration of the statute of limitations (see CPLR 217 [1]), an assistant to petitioners' counsel delivered an index number application, a request for judicial intervention and a check for the applicable fees to the office of the...

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