
3 N.Y.3d 667 (2004)
In the Matter of CITY COUNCIL OF THE CITY OF WATERVLIET et al., Appellants,
v.
TOWN BOARD OF THE TOWN OF COLONIE, Respondent.
Court of Appeals of the State of New York.
Submitted August 2, 2004.
Decided August 31, 2004.
Motion by New York State Department of Environmental Conservation for leave to participate in oral argument on the appeal herein granted.
