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| | Essex County ALJ Ruling February 29, 1996 |
 | | The County's basis for its motion is that, pursuant to 6 NYCRR 621.7(a), the Department Staff's determination to hold a public hearing is untimely. |
 | | The County asserts this timetable expired on Friday, February 16, 1996, and therefore, the Staff's February 20, 1996 letter to George Cannon, Chairman of the Essex County Board of Supervisors, advising of the determination to hold a public hearing was untimely. |
 | | The County alleges that the Civil Practice Law and Rules ("CPLR") 2103(b)(5) provide that service is not complete until a copy of the papers served by fax is also mailed, and therefore, service of the Staff's hearing determination was not complete until February 21, 1996 or a day after the Staff's calculated deadline. |
| www.dec.state.ny.us /website/ohms/decis/essexpr.htm (2650 words) |
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