Preview
FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
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In the Matter of the Application of :
TOWN OF BROOKHAVEN, :
:
Petitioner, :
: Index No.: 907862-22
For an Order Pursuant to Article 78 of the Civil Practice Law :
and Rules and Agriculture and Markets Law §37 : VERIFIED ANSWER
: WITH OBJECTIONS IN
-against- : POINT OF LAW
:
RICHARD A. BALL, COMMISSIONER OF THE NEW : Assigned Justice: Pending
YORK STATE DEPARTMENT OF AGRICULTURE & :
MARKETS, and DELEA SOD FARMS, INC., :
:
Respondents. :
:
-and- :
:
CENTRAL PINE BARRENS JOINT PLANNING & :
POLICY COMMISSION, :
:
Additional Respondent, :
:
Joined as Necessary/Affect Party under CPLR 1001(a). :
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Respondent DELEA SOD FARMS, INC. (“Delea”), by and through its undersigned
attorneys, Farrell Fritz, P.C., as and for its Verified Answer to the Amended Verified Petition
(“Petition”) of Petitioner TOWN OF BROOKHAVEN (the “Town”), respectfully alleges the
following:
On its face, the Town’s Petition consists overwhelmingly of the legal argument and
purported recitations of various provisions of State and local law. To the extent any facts are
alleged, they are buried in paragraphs too long and multifaceted to elicit a single, concise response.
Therefore, Delea responds with a single, global denial to the entire Petition, Paragraphs 1 through
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69, inclusive. To the extent Delea is required to answer each paragraph separately, it responds as
follows:
1. Denies all allegations set forth in Paragraph “1” of the Petition and respectfully
refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November
11, 2022, of the Respondent New York State Department of Agriculture & Markets (the
“Department”), which documents speak for themselves.
2. Denies all allegations set forth in Paragraph “2” of the Petition and respectfully
refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November
11, 2022, of the Respondent New York State Department of Agriculture & Markets (the
“Department”), which documents speak for themselves.
3. Denies all allegations set forth in Paragraph “3” of the Petition and respectfully
refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November
11, 2022, of the Respondent New York State Department of Agriculture & Markets (the
“Department”), which documents speak for themselves.
4. Denies all allegations set forth in Paragraph “4” of the Petition and respectfully
refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November
11, 2022, of the Respondent New York State Department of Agriculture & Markets (the
“Department”), which documents speak for themselves.
5. Denies all allegations set forth in Paragraph “5” of the Petition, including footnotes
1 and 2 thereto, and respectfully refers the Court to the Final Determination, dated September 14,
2022, and Order, dated November 11, 2022, of the Respondent New York State Department of
Agriculture & Markets (the “Department”), which documents speak for themselves.
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6. Denies all allegations set forth in Paragraph “6” of the Petition and respectfully
refers the Court to the cited provisions of the Town of Brookhaven Zoning Code (“Town Code”).
7. Denies all allegations set forth in Paragraph “7” of the Petition and respectfully
refers the Court to the Environmental Conservation Law (“ECL”), which speaks for itself.
8. Denies all allegations set forth in Paragraph “8” of the Petition.
9. Denies all allegations set forth in Paragraph “9” of the Petition, except to admit that
Delea operates a lawful sod farming operation on a 258-acre site in Miller Place, New York.
10. Denies all allegations set forth in Paragraph “10” of the Petition and respectfully
refers the Court to the cited provisions of the ECL, which speak for themselves.
11. Denies all allegations set forth in Paragraph “11” of the Petition.
12. Denies all allegations set forth in Paragraph “12” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
13. Denies all allegations set forth in Paragraph “13” of the Petition, including footnote
3 thereto, and respectfully refers the Court to the cited page of the Central Pine Barrens
Commission’s website, which speaks for itself.
14. Denies all allegations set forth in Paragraph “14” of the Petition and respectfully
refers the Court to the cited provisions of the New York State Agriculture and Markets Law
(“AML”) and ECL, which speak for themselves.
15. Denies all allegations set forth in Paragraph “15” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
16. Denies all allegations set forth in Paragraph “16” of the Petition, including footnote
4 thereto, and respectfully refers the Court to the cited provision of the Town Code, which speaks
for itself.
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17. Denies all allegations set forth in Paragraph “17” of the Petition.
18. Denies all allegations set forth in Paragraph “18” of the Petition and respectfully
refers the Court to the cited provisions of the ECL, which speak for themselves.
19. Denies all allegations set forth in Paragraph “19” of the Petition and respectfully
refers the Court to the cited provisions of the ECL, which speak for themselves.
20. Admits the allegations set forth in Paragraph “20” of the Petition upon information
and belief.
21. Admits the allegations set forth in Paragraph “21” of the Petition upon information
and belief.
22. Denies all allegations set forth in Paragraph “22” of the Petition, except admits that
Delea Sod Farms, Inc. is a corporation duly organized and validly existing pursuant to the laws of
the State of New York; that Delea maintains offices in Suffolk County, New York; and that Delea
owns and operates a lawful 258-acre sod farm in Miller Place, New York.
23. Admits the allegations set forth in Paragraph “23” of the Petition upon information
and belief.
24. Denies all allegations set forth in Paragraph “24” of the Petition and respectfully
refers all questions of law and fact to the Court for resolution.
25. Denies all allegations set forth in Paragraph “25” of the Petition, including footnote
5 thereto, and respectfully refers the Court to the cited provision of the Town Code, which speaks
for itself.
26. Denies all allegations set forth in Paragraph “26” of the Petition and respectfully
refers the Court to the cited provisions of the ECL and the Pine Barrens Commission Land Use
Plan (the “Plan”), which speak for themselves.
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27. Denies all allegations set forth in Paragraph “27” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
28. Denies all allegations set forth in Paragraph “28” of the Petition.
29. Denies all allegations set forth in Paragraph “29” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
30. Denies all allegations set forth in Paragraph “30” of the Petition and respectfully
refers the Court to the cited provisions of the ECL, which speak for themselves.
31. Denies all allegations set forth in Paragraph “31” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
32. Denies all allegations set forth in Paragraph “32” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
33. Denies all allegations set forth in Paragraph “33” of the Petition and respectfully
refers the Court to the cited provision of the Plan, which speaks for itself.
34. Denies all allegations set forth in Paragraph “34” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
35. Denies all allegations set forth in Paragraph “35” of the Petition and respectfully
refers the Court to the cited provision of the ECL, which speaks for itself.
36. Denies all allegations set forth in Paragraph “36” of the Petition and respectfully
refers the Court to the cited provision of the Town Code, which speaks for itself.
37. Denies all allegations set forth in Paragraph “37” of the Petition and respectfully
refers the Court to the cited provision of the Town Code, which speaks for itself.
38. Denies all allegations set forth in Paragraph “38” of the Petition and respectfully
refers the Court to the cited provision of the Town Code, which speaks for itself.
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39. Denies all allegations set forth in Paragraph “39” of the Petition.
40. Denies all allegations set forth in Paragraph “40” of the Petition, including footnote
6 thereto.
41. Denies all allegations set forth in Paragraph “41” of the Petition.
42. Denies all allegations set forth in Paragraph “42” of the Petition and respectfully
refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself.
43. Denies all allegations set forth in Paragraph “43” of the Petition and respectfully
refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself.
44. Denies all allegations set forth in Paragraph “44” of the Petition and respectfully
refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself.
45. Denies all allegations set forth in Paragraph “45” of the Petition.
46. Denies all allegations set forth in Paragraph “46” of the Petition.
47. Denies all allegations set forth in Paragraph “47” of the Petition.
48. Denies all allegations set forth in Paragraph “48” of the Petition.
49. Denies all allegations set forth in Paragraph “49” of the Petition.
50. Denies all allegations set forth in Paragraph “50” of the Petition.
51. Denies all allegations set forth in Paragraph “51” of the Petition.
52. Denies all allegations set forth in Paragraph “52” of the Petition.
53. Denies all allegations set forth in Paragraph “53” of the Petition.
54. In response to Paragraph “54” of the Petition, repeats, realleges and reaffirms each
and every response to Paragraphs “1” through “53” of the Petition as though set forth in full herein.
55. Denies all allegations set forth in Paragraph “55” of the Petition.
56. Denies all allegations set forth in Paragraph “56” of the Petition.
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57. Denies all allegations set forth in Paragraph “57” of the Petition.
58. Denies all allegations set forth in Paragraph “58” of the Petition.
59. Denies all allegations set forth in Paragraph “59” of the Petition.
60. Denies all allegations set forth in Paragraph “60” of the Petition.
61. Denies all allegations set forth in Paragraph “61” of the Petition.
62. In response to Paragraph “62” of the Petition, repeats, realleges and reaffirms each
and every response to Paragraphs “1” through “61” of the Petition as though set forth in full herein.
63. Denies all allegations set forth in Paragraph “63” of the Petition.
64. Denies all allegations set forth in Paragraph “64” of the Petition.
65. In response to Paragraph “65” of the Petition, repeats, realleges and reaffirms each
and every response to Paragraphs “1” through “64” of the Petition as though set forth in full herein.
66. Denies all allegations set forth in Paragraph “66” of the Petition.
67. Denies all allegations set forth in Paragraph “67” of the Petition.
68. Denies all allegations set forth in Paragraph “68” of the Petition.
69. Denies all allegations set forth in Paragraph “69” of the Petition.
AS AND FOR DELEA’S OBJECTION IN POINT OF LAW
(Failure to State a Cause of Action)
70. Delea repeats, realleges and reaffirms each and every response set forth in
Paragraphs “1” through “69” above as though fully set forth herein.
71. Contrary to the Town’s assertions, the Pine Barrens Protection Act does not
preempt or supersede the Department’s jurisdiction or Article 25-AA’s application to State-
certified agricultural districts within the Long Island Pine Barrens Region.
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72. As set forth in Delea’s accompanying Memorandum of Law, dated February 15,
2023, the Pine Barrens Protection Act neither expressly nor impliedly preempts the application of
the AML Article 25-AA within the Long Island Pine Barrens region.
73. Accordingly, Article 25-AA of the AML applies to agricultural uses admitted into
State-certified agricultural districts within the Long Island Pine Barrens region with the same force
and effect as it does to agricultural uses admitted to State-certified agricultural districts elsewhere
in the State of New York.
74. Likewise, the legal force and application of Article 25-AA of the AML is similarly
unaffected by the Town of Brookhaven Town Code, even if that code purports to incorporate and
enforce the Pine Barrens Protection Act and the Central Pine Barrens Commission Land Use Plan.
75. Therefore, the Department was fully authorized and empowered, and acting within
the scope of its statutory charge pursuant to Article 25-AA of the AML, when it investigated
Delea’s sod farm, and when it issued the Final Determination and Order that are the subject of this
proceeding.
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WHEREFORE, for the reasons set forth herein, and in Delea’s accompanying
Memorandum of Law. Delea demands a Decision and Order of this Court:
1) denying the Petition;
2) dismissing this proceeding entirely; and
3) granting Delea such other and further relief as the Court deems just and proper.
Dated: Hauppauge, New York
February 15, 2023
FARRELL FRITZ, P.C.
By: f ----- -
John prArmentano
Attorneys for Delea Sod Farms, Inc.
100 Motor Parkway, Suite 300
Hauppauge, New York 11788
(631) 547-8400
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Preview
FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY --------------------------------------------------------------------------- X In the Matter of the Application of : TOWN OF BROOKHAVEN, : : Petitioner, : : Index No.: 907862-22 For an Order Pursuant to Article 78 of the Civil Practice Law : and Rules and Agriculture and Markets Law §37 : VERIFIED ANSWER : WITH OBJECTIONS IN -against- : POINT OF LAW : RICHARD A. BALL, COMMISSIONER OF THE NEW : Assigned Justice: Pending YORK STATE DEPARTMENT OF AGRICULTURE & : MARKETS, and DELEA SOD FARMS, INC., : : Respondents. : : -and- : : CENTRAL PINE BARRENS JOINT PLANNING & : POLICY COMMISSION, : : Additional Respondent, : : Joined as Necessary/Affect Party under CPLR 1001(a). : --------------------------------------------------------------------------- X Respondent DELEA SOD FARMS, INC. (“Delea”), by and through its undersigned attorneys, Farrell Fritz, P.C., as and for its Verified Answer to the Amended Verified Petition (“Petition”) of Petitioner TOWN OF BROOKHAVEN (the “Town”), respectfully alleges the following: On its face, the Town’s Petition consists overwhelmingly of the legal argument and purported recitations of various provisions of State and local law. To the extent any facts are alleged, they are buried in paragraphs too long and multifaceted to elicit a single, concise response. Therefore, Delea responds with a single, global denial to the entire Petition, Paragraphs 1 through 1 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 69, inclusive. To the extent Delea is required to answer each paragraph separately, it responds as follows: 1. Denies all allegations set forth in Paragraph “1” of the Petition and respectfully refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November 11, 2022, of the Respondent New York State Department of Agriculture & Markets (the “Department”), which documents speak for themselves. 2. Denies all allegations set forth in Paragraph “2” of the Petition and respectfully refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November 11, 2022, of the Respondent New York State Department of Agriculture & Markets (the “Department”), which documents speak for themselves. 3. Denies all allegations set forth in Paragraph “3” of the Petition and respectfully refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November 11, 2022, of the Respondent New York State Department of Agriculture & Markets (the “Department”), which documents speak for themselves. 4. Denies all allegations set forth in Paragraph “4” of the Petition and respectfully refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November 11, 2022, of the Respondent New York State Department of Agriculture & Markets (the “Department”), which documents speak for themselves. 5. Denies all allegations set forth in Paragraph “5” of the Petition, including footnotes 1 and 2 thereto, and respectfully refers the Court to the Final Determination, dated September 14, 2022, and Order, dated November 11, 2022, of the Respondent New York State Department of Agriculture & Markets (the “Department”), which documents speak for themselves. 2 2 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 6. Denies all allegations set forth in Paragraph “6” of the Petition and respectfully refers the Court to the cited provisions of the Town of Brookhaven Zoning Code (“Town Code”). 7. Denies all allegations set forth in Paragraph “7” of the Petition and respectfully refers the Court to the Environmental Conservation Law (“ECL”), which speaks for itself. 8. Denies all allegations set forth in Paragraph “8” of the Petition. 9. Denies all allegations set forth in Paragraph “9” of the Petition, except to admit that Delea operates a lawful sod farming operation on a 258-acre site in Miller Place, New York. 10. Denies all allegations set forth in Paragraph “10” of the Petition and respectfully refers the Court to the cited provisions of the ECL, which speak for themselves. 11. Denies all allegations set forth in Paragraph “11” of the Petition. 12. Denies all allegations set forth in Paragraph “12” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 13. Denies all allegations set forth in Paragraph “13” of the Petition, including footnote 3 thereto, and respectfully refers the Court to the cited page of the Central Pine Barrens Commission’s website, which speaks for itself. 14. Denies all allegations set forth in Paragraph “14” of the Petition and respectfully refers the Court to the cited provisions of the New York State Agriculture and Markets Law (“AML”) and ECL, which speak for themselves. 15. Denies all allegations set forth in Paragraph “15” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 16. Denies all allegations set forth in Paragraph “16” of the Petition, including footnote 4 thereto, and respectfully refers the Court to the cited provision of the Town Code, which speaks for itself. 3 3 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 17. Denies all allegations set forth in Paragraph “17” of the Petition. 18. Denies all allegations set forth in Paragraph “18” of the Petition and respectfully refers the Court to the cited provisions of the ECL, which speak for themselves. 19. Denies all allegations set forth in Paragraph “19” of the Petition and respectfully refers the Court to the cited provisions of the ECL, which speak for themselves. 20. Admits the allegations set forth in Paragraph “20” of the Petition upon information and belief. 21. Admits the allegations set forth in Paragraph “21” of the Petition upon information and belief. 22. Denies all allegations set forth in Paragraph “22” of the Petition, except admits that Delea Sod Farms, Inc. is a corporation duly organized and validly existing pursuant to the laws of the State of New York; that Delea maintains offices in Suffolk County, New York; and that Delea owns and operates a lawful 258-acre sod farm in Miller Place, New York. 23. Admits the allegations set forth in Paragraph “23” of the Petition upon information and belief. 24. Denies all allegations set forth in Paragraph “24” of the Petition and respectfully refers all questions of law and fact to the Court for resolution. 25. Denies all allegations set forth in Paragraph “25” of the Petition, including footnote 5 thereto, and respectfully refers the Court to the cited provision of the Town Code, which speaks for itself. 26. Denies all allegations set forth in Paragraph “26” of the Petition and respectfully refers the Court to the cited provisions of the ECL and the Pine Barrens Commission Land Use Plan (the “Plan”), which speak for themselves. 4 4 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 27. Denies all allegations set forth in Paragraph “27” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 28. Denies all allegations set forth in Paragraph “28” of the Petition. 29. Denies all allegations set forth in Paragraph “29” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 30. Denies all allegations set forth in Paragraph “30” of the Petition and respectfully refers the Court to the cited provisions of the ECL, which speak for themselves. 31. Denies all allegations set forth in Paragraph “31” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 32. Denies all allegations set forth in Paragraph “32” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 33. Denies all allegations set forth in Paragraph “33” of the Petition and respectfully refers the Court to the cited provision of the Plan, which speaks for itself. 34. Denies all allegations set forth in Paragraph “34” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 35. Denies all allegations set forth in Paragraph “35” of the Petition and respectfully refers the Court to the cited provision of the ECL, which speaks for itself. 36. Denies all allegations set forth in Paragraph “36” of the Petition and respectfully refers the Court to the cited provision of the Town Code, which speaks for itself. 37. Denies all allegations set forth in Paragraph “37” of the Petition and respectfully refers the Court to the cited provision of the Town Code, which speaks for itself. 38. Denies all allegations set forth in Paragraph “38” of the Petition and respectfully refers the Court to the cited provision of the Town Code, which speaks for itself. 5 5 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 39. Denies all allegations set forth in Paragraph “39” of the Petition. 40. Denies all allegations set forth in Paragraph “40” of the Petition, including footnote 6 thereto. 41. Denies all allegations set forth in Paragraph “41” of the Petition. 42. Denies all allegations set forth in Paragraph “42” of the Petition and respectfully refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself. 43. Denies all allegations set forth in Paragraph “43” of the Petition and respectfully refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself. 44. Denies all allegations set forth in Paragraph “44” of the Petition and respectfully refers the Court to the Department’s letter, dated July 24, 2020, which speaks for itself. 45. Denies all allegations set forth in Paragraph “45” of the Petition. 46. Denies all allegations set forth in Paragraph “46” of the Petition. 47. Denies all allegations set forth in Paragraph “47” of the Petition. 48. Denies all allegations set forth in Paragraph “48” of the Petition. 49. Denies all allegations set forth in Paragraph “49” of the Petition. 50. Denies all allegations set forth in Paragraph “50” of the Petition. 51. Denies all allegations set forth in Paragraph “51” of the Petition. 52. Denies all allegations set forth in Paragraph “52” of the Petition. 53. Denies all allegations set forth in Paragraph “53” of the Petition. 54. In response to Paragraph “54” of the Petition, repeats, realleges and reaffirms each and every response to Paragraphs “1” through “53” of the Petition as though set forth in full herein. 55. Denies all allegations set forth in Paragraph “55” of the Petition. 56. Denies all allegations set forth in Paragraph “56” of the Petition. 6 6 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 57. Denies all allegations set forth in Paragraph “57” of the Petition. 58. Denies all allegations set forth in Paragraph “58” of the Petition. 59. Denies all allegations set forth in Paragraph “59” of the Petition. 60. Denies all allegations set forth in Paragraph “60” of the Petition. 61. Denies all allegations set forth in Paragraph “61” of the Petition. 62. In response to Paragraph “62” of the Petition, repeats, realleges and reaffirms each and every response to Paragraphs “1” through “61” of the Petition as though set forth in full herein. 63. Denies all allegations set forth in Paragraph “63” of the Petition. 64. Denies all allegations set forth in Paragraph “64” of the Petition. 65. In response to Paragraph “65” of the Petition, repeats, realleges and reaffirms each and every response to Paragraphs “1” through “64” of the Petition as though set forth in full herein. 66. Denies all allegations set forth in Paragraph “66” of the Petition. 67. Denies all allegations set forth in Paragraph “67” of the Petition. 68. Denies all allegations set forth in Paragraph “68” of the Petition. 69. Denies all allegations set forth in Paragraph “69” of the Petition. AS AND FOR DELEA’S OBJECTION IN POINT OF LAW (Failure to State a Cause of Action) 70. Delea repeats, realleges and reaffirms each and every response set forth in Paragraphs “1” through “69” above as though fully set forth herein. 71. Contrary to the Town’s assertions, the Pine Barrens Protection Act does not preempt or supersede the Department’s jurisdiction or Article 25-AA’s application to State- certified agricultural districts within the Long Island Pine Barrens Region. 7 7 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 72. As set forth in Delea’s accompanying Memorandum of Law, dated February 15, 2023, the Pine Barrens Protection Act neither expressly nor impliedly preempts the application of the AML Article 25-AA within the Long Island Pine Barrens region. 73. Accordingly, Article 25-AA of the AML applies to agricultural uses admitted into State-certified agricultural districts within the Long Island Pine Barrens region with the same force and effect as it does to agricultural uses admitted to State-certified agricultural districts elsewhere in the State of New York. 74. Likewise, the legal force and application of Article 25-AA of the AML is similarly unaffected by the Town of Brookhaven Town Code, even if that code purports to incorporate and enforce the Pine Barrens Protection Act and the Central Pine Barrens Commission Land Use Plan. 75. Therefore, the Department was fully authorized and empowered, and acting within the scope of its statutory charge pursuant to Article 25-AA of the AML, when it investigated Delea’s sod farm, and when it issued the Final Determination and Order that are the subject of this proceeding. 8 8 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 WHEREFORE, for the reasons set forth herein, and in Delea’s accompanying Memorandum of Law. Delea demands a Decision and Order of this Court: 1) denying the Petition; 2) dismissing this proceeding entirely; and 3) granting Delea such other and further relief as the Court deems just and proper. Dated: Hauppauge, New York February 15, 2023 FARRELL FRITZ, P.C. By: f ----- - John prArmentano Attorneys for Delea Sod Farms, Inc. 100 Motor Parkway, Suite 300 Hauppauge, New York 11788 (631) 547-8400 9 9 of 10 FILED: ALBANY COUNTY CLERK 02/15/2023 04:13 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/15/2023 10 of 10