Opinion
Decided April 1, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Dier, J.
Richard V. Meath for appellants.
William H. Kissel for respondents.
James M. Brooks for intervenors-respondents.
Robert Abrams, Attorney-General (Ezra I. Bialek and Robert Hermann of counsel), for New York State Department of Environmental Conservation, amicus curiae.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, on the ground that the proceeding is untimely (CPLR 217; Press v County of Monroe, 50 N.Y.2d 695; Solnick v Whalen, 49 N.Y.2d 224, 229-230). We do not reach the other issues in this case.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.