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ADK WILD v. NYS ADK PARK

525165.

161 A.D.3d 169 (2018)

75 N.Y.S.3d 681

2018 NY Slip Op 03193

In the Matter of ADIRONDACK WILD: FRIENDS OF THE FOREST PRESERVE et al., Appellants, v. NEW YORK STATE ADIRONDACK PARK AGENCY et al., Respondents.

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

Decided May 3, 2018.

Attorney(s) appearing for the Case

Earthjustice, New York City (Hannah Chang of counsel), for appellants.

Eric T. Schneiderman, Attorney General, Albany (Loretta Simon of counsel), for respondents.

McCARTHY and DEVINE, JJ., concur with RUMSEY, J.; GARRY, P.J., and MULVEY, J., concur in part and dissent in part in a separate opinion by GARRY, P.J.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ceresia, J.), entered January 31, 2017 in Albany County, which, among other things, dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Environmental Conservation approving a plan...

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