Crossroads Ventures, LLC - Ruling on Motion to Suspend Adjudicatory Hearing, October 19, 2007
Ruling on Motion to Suspend Adjudicatory Hearing, October 19, 2007
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
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In the Matter of the Applications of
CROSSROADS VENTURES, LLC
for permits to construct and operate a
proposed development to be known as The
Belleayre Resort at Catskill Park.
RULING ON MOTION
TO SUSPEND
ADJUDICATORY HEARING
DEC Application Number
0-9999-00096/00001, 3, 5, 7, 9 & 10
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By motion dated September 27, 2007, and timely served on all parties to this proceeding, the Applicant seeks to suspend the adjudicatory hearing in this matter. Department Staff filed a response in support of the motion, dated October 3, 2007. No other responsive papers have been received.
Following the Interim Decision of the Deputy Commissioner, dated December 29, 2006, designating certain factual issues appropriate for further adjudication, a discovery and adjudicatory hearing schedule was provided to all parties by the undersigned on March 1, 2007. At the request of the parties, this schedule was thereafter periodically adjourned. As of August 3, 2007, the adjudicatory hearing was to commence on January 28, 2008, following certain discovery and the filing of prefiled testimony.
In support of the motion, the Applicant notes that on September 5, 2007, it and certain of the parties entered into an Agreement in Principle which proposes a modified project having, they assert, a lower environmental impact. The Applicant and the signatory parties to the Agreement acknowledge that this alternative project would require the preparation of a supplemental draft environmental impact statement and the filing of new or modified Department permit applications, all of which would be subject to full public review.
In view of the foregoing, the motion is granted, and further adjudicatory proceedings in this matter are held in abeyance, without date, pending supplementation of the administrative record as indicated above.
Dated: Albany, New York
October 19, 2007
/s/
Richard R. Wissler
Administrative Law Judge
To:
Daniel Ruzow, Esq.
Terresa Bakner, Esq.
Whiteman, Osterman & Hanna
One Commerce Plaza
Albany, New York 12260
Robert J. Alessi, Esq.
LeBoeuf, Lamb, Greene & MacRae LLP
99 Washington Avenue
Suite 2020
Albany, New York 12210-2820
Carol Krebs, Esq.
Assistant Regional Attorney
NYSDEC Region 3
21 South Putt Corners Road
New Paltz, New York 12561
Drayton Grant, Esq.
Grant & Lyons, LLP
145 Wurtemburg Road
Rhinebeck, New York 12572
Hilary Meltzer, Esq.
Senior Counsel
City of New York
Law Department
100 Church Street
New York, New York 10007
Marc S. Gerstman, Esq.
Robinson Square
313 Hamilton Street
Albany, New York 12210
Jeffrey S. Baker, Esq.
Kevin M. Young, Esq.
Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC
Executive Woods
5 Palisades Drive
Albany, New York 12205
Philip Bein, Esq.
Watershed Inspector General
Assistant Attorney General
NYS Office of the Attorney General
The Capitol
Albany, New York 12224
James Bacon, Esq.
30 Butterville Road
P.O. Box 575
New Paltz, New York 12561
Judy Wyman
Friends of Catskill Park
P.O. Box 44
Chichester, New York 12416
Richard Schaedle
Pine Hill Water District Coalition and Catskill Heritage Alliance
P.O. Box 551, Birch Creek Road
Pine Hill, New York 12465
Richard Lippes, Esq.
1109 Delaware Avenue
Buffalo, New York 14209
