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IN THE MATTER OF SIMONSON v. ADIRONDACK PARK AGENCY

56-1-2007-0501

2008 NY Slip Op 28376

IN THE MATTER OF the Application of VIVIAN SIMONSON and RICHARD SIMONSON, Petitioners v. THE ADIRONDACK PARK AGENCY, and MARK E. SENGENBERGER, ACTING EXECUTIVE DIRECTOR AND DEPUTY DIRECTOR OF REGULATORY PROGRAMS OF THE ADIRONDACK PARK AGENCY, Respondents

Supreme Court of the State of New York, Warren County.

Decided June 13, 2008.

Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Cullum, LLP (Melissa D. Lescault, Esq., of counsel), Attorneys for Petitioners.

Andrew Cuomo as Attorney General of the State of New York (Lawrence Rappoport, Esq., of counsel), Attorneys for Respondents

DAVID B. KROGMANN, J.

Petitioner brings this CPLR Article 78 proceeding seeking to overturn a decision of the Adirondack Park Agency (the "APA" or "Agency") wherein a non jurisdictional letter ("NJ Letter") issued by APA Administrators by date of February 28, 2006 was rescinded by letter of March 23, 2007. Petitioners sought a declaratory ruling from the Park Agency which ruling, affirming the rescission letter, was issued by date of June 25, 2007. Petitioners allege...

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