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Crossroads Ventures, LLC - Commissioner Ruling, November 9, 2007

Commissioner Ruling, November 9, 2007

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
625 BROADWAY
ALBANY, NEW YORK 12233-1010

In the Matter

- of -

the Applications for Permits to Construct and Operate a Proposed Development to be Known as the Belleayre Resort at Catskill Park, Located in the Town of Shandaken in Ulster County, New York, and the Town of Middletown in Delaware County, New York, Pursuant to Environmental Conservation Law Article 15, Titles 5 and 15, and Article 17, Titles 7 and 8, and Parts 601, 608 and 750 through 758 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), and for a Water Quality Certification Pursuant to Section 401 of the Federal Water Pollution Control Act and 6 NYCRR Part 608

- by -

CROSSROADS VENTURES, LLC

Applicant.

DEC Project Numbers:
0-9999-00096/00001
0-9999-00096/00003
0-9999-00096/00005
0-9999-00096/00007
0-9999-00096/00009
0-9999-00096/00010

RULING OF THE COMMISSIONER ON THE MOTION TO SUSPEND PROCEEDINGS ON THE MOTION FOR RECONSIDERATION

November 9, 2007

RULING OF THE COMMISSIONER ON THE MOTION TO SUSPEND PROCEEDINGS ON THE MOTION FOR RECONSIDERATION
By motion dated September 27, 2007, Crossroads Ventures, LLC ("applicant") sought to suspend (a) the adjudicatory hearing pending before Administrative Law Judge ("ALJ") Richard R. Wissler in this matter, and (b) any action by the Commissioner of the Department of Environmental Conservation ("Department") in response to a motion dated January 29, 2007 to reconsider the Interim Decision issued on December 29, 2006 with respect to community character ("motion for reconsideration").

Department staff filed a response dated October 3, 2007 in support of applicant's motion. No other responsive papers were filed.

In support of its motion, applicant noted that it and certain of the parties to this proceeding had entered into an agreement in principle which proposes a modified project. The modified project would require the preparation of a supplemental draft environmental impact statement and the filing of new or modified permit applications ("supplemental material").

By ruling dated October 19, 2007, ALJ Wissler granted the motion before him to suspend the adjudicatory hearing. In his ruling, ALJ Wissler stated that further adjudicatory proceedings would be held in abeyance, without date, pending submission of the above-referenced supplemental material. No motions for leave to appeal from the ALJ's ruling were filed and the time to file such motions has expired.

Based upon my review of applicant's motion and related papers, the motion to suspend proceedings on the motion for reconsideration, which is currently pending before me, is hereby granted.

/s/
________________________
Alexander B. Grannis
Commissioner

Dated: Albany, New York
November 9, 2007

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

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