STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

__________________________________________________

STATE OF NEW YORK and LANGDON MARSH,

Acting Commissioner of the New York

State Department of Environmental Conservation,

Plaintiffs,

JUDGMENT

vs

INDEX #H-09690

GEORGE ANDERSON, JR.,

R.D. 1, Ivory Road

Frewsburg, New York 14738,

Defendant.

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Plaintiffs, State of New York and Langdon Marsh,

Acting Commissioner of the New York State Department of

Environmental Conservation by their attorney, Dennis C.

Vacco, Attorney General of the State of New York,

Robert E. Pearman, Assistant Attorney General of counsel,

commenced this action seeking judicial enforcement of a

Decision and Order issued by the Commissioner of the New

York State Department of Environmental Conservation on

October 22, 1985 with related relief. Defendant, appearing

pro se, filed papers and a response to the Complaint.

Presently before the Court are cross motions for

summary judgment filed by the parties with supporting

affidavits and exhibits.

The matter was scheduled for oral argument on

September 15, 1995. At that time, the defendant appeared,

pro se, and no one appeared on behalf of the plaintiffs.

After hearing arguments of the defendant and reviewing all

of the papers previously submitted to the Court, it is

hereby

ORDERED, ADJUDGED, and DECREED that the Complaint is

dismissed and the Motion for Summary Judgment filed

defending the complaint is denied, both with prejudice, and

it is further

ORDERED, ADJUDGED and DECREED that the defendant's

motion is granted permitting the defendant to mine his

property, subject to compliance with Environmental

Conservation Law and Regulations, and it is further

ORDERED, ADJUDGED and DECREED that the Court will

retain jurisdiction for the purpose of reviewing any denial

of any application made by defendant.

Dated:

_____________________________

JOSEPH GERACE

Supreme Court Justice