SUPREME COURT: COUNTY OF CHAUTAUQUA
STATE OF NEW YORK and LANGDON MARSH,
Acting Commissioner of the New York
State Department of Environmental Conservation,
GEORGE ANDERSON, JR.,
R.D. 1, Ivory Road
Frewsburg, New York 14738,
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
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.
Supreme Court Justice