MATTER OF CONCERNED CITIZENS AGAINST CROSSGATES v. Flacke

58 N.Y.2d 919 (1983)

In the Matter of Concerned Citizens against Crossgates et al., Appellants, and Sierra Club, Intervenor-Appellant, v. Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, Respondent, and Pyramid Crossgates Company, Intervenor-Respondent.

Court of Appeals of the State of New York.

Argued February 8, 1983.

Decided February 17, 1983.

Joel H. Sacks for appellants.

Robert Abrams, Attorney-General (Kathleen Liston Morrison, Peter H. Schiff and James A. Sevinsky of counsel), for respondent.

Donald S. Snider and Gerald M. Levine for intervenor-respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER, and SIMONS.

Judgment affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (89 AD2d 759).