A panel of five New York State appellate judges, convening in Albany this week will review Supreme Court Justice Robert J. Muller’s 2023 decision invalidating a permit that would have allowed the Lake George Park Commission to treat Eurasian milfoil with the aquatic herbicide ProcellaCOR.
The Lake George Association sued the Adirondack Park Agency in 2022, charging that it illegally granted the Park Commission a permit to use the herbicide in Lake George. Its legal team argued, and Judge Muller concurred, that a permit to use chemicals in Lake George should not have been granted without a public hearing first. Muller concluded the permit was awarded arbitrarily and capriciously, in violation of the Adirondack Park Agency’s own rules and regulations.
Representatives of the LGA and New York State attorneys representing the Adirondack Park Agency, which has appealed Muller’s decision, will present oral arguments at the Robert Abrams Building for Law and Justice at the Empire State Plaza on March 27. The arguments will be streamed live on the website of the NYS Supreme Court, Appellate Division, Third Judicial Department, at 1 pm. https://nycourts.gov/ad3/.
The appellate court’s decision is not expected to be announced for another four to six weeks.