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MATTER OF TOWN OF RIVERHEAD v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

Index No. 901268-11.

2022 NY Slip Op 22421

IN THE MATTER OF THE TOWN OF RIVERHEAD and THE TOWN OF RIVERHEAD COMMUNITY DEVELOPMENT AGENCY, Petitioners/Plaintiffs, v. THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and JOSEPH MARTENS, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondents/Defendants. (And Another Related Proceeding/Action)

Supreme Court, Albany County.

Decided February 18, 2022.

Attorney(s) appearing for the Case

Frank A. Isler, Esq., Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLP, Attorneys for Petitioners/Plaintiffs 456 Griffing Avenue, Corner of Lincoln Street Riverhead, New York 11901-0203.

Letitia James, Attorney General of the State of New York, Andrew G. Frank, AAG, NYS Office of the Attorney General Attorneys for Respondents/Defendants 120 Broadway, New York, New York 10271.

This hybrid declaratory judgment action and CPLR article 78 proceeding was commenced in 2011. Petitioners/plaintiffs (hereinafter petitioners) challenge amendments to 6 NYCRR part 182, pertaining to the protection of endangered and threatened species, adopted by respondent/defendant New York State Department of Environmental...

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