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MATTER OF DESTINY USA DEV., LLC v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

63 A.D.3d 1568 (2009)

879 N.Y.S.2d 865

In the Matter of DESTINY USA DEVELOPMENT, LLC, et al., Respondents, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part of the third decretal paragraph declaring null and void the "guidance" and "guide factors" issued pursuant to ECL 3-0301 (2) (z) and by vacating the fourth decretal paragraph and as modified the judgment is affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul that part of the determination...

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