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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

THEODORE E. GALUSHA, TEENA WILLARD, and WILLIAM SEARLES

 

Plaintiffs,

- against-

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, JOHN P. CAHILL, sued herein in his official capacity as Commissioner of the New York State Department of Environmental Conservation, ADIRONDACK PARK AGENCY OF THE STATE OF NEW YORK, DANIEL T. FITTS, sued herein in his official capacity as Chairman of the Adirondack Park Agency of the State of New York, GEORGE E. PATAKI, sued herein as Governor of the State of New York, JOHN DOE, Individually, and STATE OF NEW YORK,

Defendants,

 

-and-

ADIRONDACK COUNCIL, ADIRONDACK MOUNTAIN CLUB, RESIDENTS COMMITTEE TO PROTECT THE ADIRONDACKS, ENVIRONMENTAL ADVOCATES, ASSOCIATION FOR THE PROTECTION OF THE ADIRONDACKS, GRAHAM L. COX, LISA M. GENIER, DEBRA HAMILTON and EARNEST B. LaPRAIRIE,

Intervenor-Defendants

CONSENT DECREE

Civil Action
No. 98-CV-1117
(LEK-RWS)

 

Plaintiffs Theodore E. Galusha, Teena Willard and William Searles ("Plaintiffs") and Defendants New York State, New York State Department of Environmental Conservation, Adirondack Park Agency of the State of New York, John P. Cahill, in his official capacity as Commissioner of the New York State Department of Environmental Conservation ("DEC"), Daniel T. Fitts, in his official capacity as Executive Director of the Adirondack Park Agency ("APA") of the State of New York, and George E. Pataki, as Governor of the State of New York, (hereinafter collectively "Defendants"), and Intervenor-Defendants Adirondack Mountain Club, Inc., Adirondack Council, Residents' Committee to Protect the Adirondacks, Environmental Advocates, Association for the Protection of the Adirondacks, Graham L. Cox, Lisa M. Genier, Debra Hamilton, and Ernest B. LaPrairie (collectively "Intervenor-Defendants") hereby agree as follows:

WHEREAS the Defendants are charged by Article XIV of the New York State Constitution, statute, regulation and the Adirondack Park and Catskill Park State Land Master Plans ("SLMPs") to act as stewards and, in the case of DEC, land manager for the Forest Preserve within the constraints of New York State Constitution Article XIV's "forever wild" provision and the SLMP land classification system and to act in accordance with all applicable state and federal law;

WHEREAS Plaintiffs have commenced an action under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 et seq. and 42 U.S.C. § 1983, alleging that Plaintiffs have been discriminated against, and seeking motor vehicle access in various locations in the Adirondack Forest Preserve;

WHEREAS Plaintiffs seek injunctive relief, compensatory and punitive damages and attorneys' fees in this action;

WHEREAS Defendants and Intervenor-Defendants have denied Plaintiffs' allegations and asserted, inter alia, that neither the ADA nor 42 U.S.C. § 1983 requires motor vehicle access to recreational programs on any state lands, particularly state lands located in the Forest Preserve;

WHEREAS the Defendants affirm their commitment to provide reasonable access to recreational programs within the Forest Preserve for persons with disabilities;

WHEREAS the Defendants have the legal obligation and authority to determine whether, where and in what manner reasonable access to recreational programs within the Forest Preserve for persons with disabilities, particularly mobility-related impairments, shall exist;

WHEREAS Defendants recognize the importance of incorporating the needs and perspectives of persons with disabilities into the unit management planning process;

WHEREAS the parties wish to resolve the instant lawsuit in an equitable manner and to avoid potentially lengthy and costly litigation; and

WHEREAS the Court has considered the matter and issues;

IT IS HEREBY ORDERED AND DECREED AS FOLLOWS:

 

SECTION I. Description of Settlement

In consideration of Plaintiffs' (1) agreement to discontinue the instant litigation with prejudice and settle any and all claims under the ADA and 42 U.S.C. § 1983 raised, or that could have been raised, in the complaint against the Defendants concerning any matter relating to the Adirondack Forest Preserve and/or any other State Forest Preserve including, but not limited to motorized access at locations in the Forest Preserve by persons with disabilities, and compliance in any manner with the ADA; (2) agreement to discontinue all claims for attorney's fees, except as otherwise set forth in paragraph H of Section III of this Consent Decree; and (3) representation that they presently know of no other actual or potential causes of action that they have or may have against the State of New York, its departments, employees, agents or elected officials for anything whatsoever, Defendants agree to provide the following:

A. Expedited UMPs. DEC and APA commit to develop and process Unit Management Plans ("UMPs") for Wild Forest areas within the Adirondack Forest Preserve and on other state lands, consistent with all applicable law as follows:

1. DEC will prepare and submit amendments to existing UMPs and supporting SEQRA documentation in final form to include provisions as set forth in this Consent Decree, to the APA for commencement of the public review process for the following Units within six months of the entry of this Consent Decree:

Aldrich Pond Wild Forest
Black River Wild Forest
Cranberry Lake Wild Forest
Fulton Chain Wild Forest
Grasse River Wild Forest
Hammond Pond Wild Forest
Independence River Wild Forest

2. DEC will prepare and submit draft UMPs and supporting SEQRA documentation in final form to include provisions as set forth in this Consent Decree, to the APA for commencement of the public review process for the following Units within eighteen (18) months of the entry of this Consent Decree:

Lake George Wild Forest
Horseshoe Lake Wild Forest
Wilcox Lake Wild Forest
Moose River Wild Forest
Shaker Mountain Wild Forest
Vanderwacker Wild Forest

3. DEC will involve representatives of the New York State Independent Living Center Council, Inc. and/or Eastern Paralyzed Veterans Association, and other persons with disabilities, in unit management planning, and will consider recreational opportunities for persons with disabilities in the course of developing all future UMPs.

B. Capital Projects. DEC will implement, over a five-year period following entry of this Consent Decree, capital projects to enhance accessibility to recreational programs for persons with disabilities within certain areas classified as Wild Forest, Intensive Use and Historic within the Forest Preserve, as well as locations outside the Forest Preserve, as set forth and described in Exhibits C, D, E, F and G [approximate cost of $ 4.312 million]. Insofar as any such project constitutes a new facility, otherwise applicable permit or review requirements shall not be superseded or made inapplicable by this Consent Decree. As set forth in more detail in Exhibits C, D, E, F and G, the capital projects include constructing and/or improving parking, restroom and showering facilities, access to fishing opportunities, campgrounds, picnic areas, recreational trails, equestrian mounting platforms, boat launches, signage, promotional materials and road rehabilitation. In addition, DEC will commit to upgrade the Warrensburg DEC Sub-office to ADA Accessibility Guidelines ("ADAAG") and/or appropriate New York State Uniform Fire Prevention and Building Code provisions. [approximate cost of $350,000]

C. Expanded Motorized Access to Programs in the Forest Preserve.

1. As described in Exhibit A, DEC will propose, and DEC and APA will support through the UMP amendment process, motor vehicle access for persons with disabilities holding permits under Policy CP-3, subject to closure for seasonal conditions in the discretion of DEC as land manager for the Forest Preserve, including reasonable closure for environmental and/or public safety reasons, at the following locations, for access to the programs listed below:

UMP  Road Name  Miles Program
 Indep. River   Mount Tom  4.7 Wildlife Observation
Hunting
 Indep. River  Branaugh  0.25 Camping
Hunting
Swimming
 Lake George  Bear Slide  0.97 Fishing
 Wilcox Lake  Fishpond (Upper)  2.10 Fishing
 Moose River  Mitchell Pond  1.77 Camping
Fishing
 Moose River  Helldiver Pond  0.50 Hunting
Fishing
 Moose River  Icehouse Pond  0.50 Hunting
Fishing
 Moose River  Lost Ponds  0.92 Hunting
Fishing
 Moose River  Beaver Lake  2.25 Camping
Hunting
Fishing
 Moose River  Squaw Lake  0.50 Camping
Hunting
Fishing
 Shaker Mtn  Holmes Lake  5.08 Hunting
  19.54 Miles Total

 

2. As described in Exhibit H, the following roads, opened for motor vehicle access to persons with disabilities holding permits under Policy CP-3 by court order, shall remain open subject to final approval in the UMP process, subject to closure for seasonal conditions in the discretion of DEC as the land manager for the Forest Preserve, including reasonable closure for environmental and/or public safety reasons:

 UMP  Road Name  Miles  Program
Lake George Gay Pond  3.3 Camping
Fishing
Lake George Jabe Pond  0.1 Camping
Fishing
Lake George Lily Pond  2.3 Camping
Fishing
Lake George Buttermilk Roads  3.5 Camping
Fishing
Luzerne Campground Lake Luzerne Campsite- 4th Lake  2.44 Camping
Fishing
Moose River Plains Rock Dam, Otterbrook, Indian Lake, Limekiln Lake- Cedar River  36.1 Camping
Fishing
Wildlife Observation
    47.74 Total miles

3. The roads and trails outside the Forest Preserve identified in Exhibit B will be added to the list associated with Commissioner Policy CP-3, and will be posted for ATV, truck and/or car use, as appropriate and as set forth in Exhibit B, by persons with disabilities holding permits under Policy CP-3, as soon as practicable following entry of this Consent Decree, but in any event, no later than ninety days after entry of this Consent Decree.

4. In accordance with the statements of the parties on the record at the conference with the Court on March 15, 2001, the following process will be implemented in the event that any road identified in paragraph I.C. is not ultimately approved through the UMP process:

a. The parties shall consult with respect to proposing through the UMP amendment process alternative road(s) which are comparable, with respect to mileage and program, to the road(s) that were not ultimately approved.

b. Plaintiffs may propose through the UMP amendment process alternative road(s) which are comparable, with respect to mileage and program, to the road(s) that were not ultimately approved. In the event Plaintiffs make one or more of such proposals, the UMP amendment process involving such proposals shall be completed within 24 months of the entry of this Consent Decree, or as otherwise agreed to by the parties.

c. In the event an alternative road proposed by Plaintiffs through the UMP amendment process is not ultimately approved through such process, Plaintiffs may apply to the Court with respect to opening alternative road(s) which are comparable, with respect to mileage and program, to the road(s) not ultimately approved through the UMP amendment process. All parties reserve all rights with respect to any application made by Plaintiffs pursuant to this sub-paragraph.

d. The phrase "comparable, with respect to mileage" as used in this Consent Decree shall mean that the total mileage of any road proposed as an alternative to a road not approved through the UMP process, or through the UMP amendment process as set forth in paragraph I.C.4.c., shall be, as nearly as practicable, the same total mileage as the road not approved; provided, however, that such alternative road may differ in length in an amount not to exceed .5 miles, or as agreed to by all parties. In addition, the phrase "comparable, with respect to ... program" shall mean a program comparable to the program(s) associated with the road(s) not opened through the UMP process or UMP amendment process, such as, for example, hunting, fishing, camping, or wildlife observation, or as agreed to by all parties.

D. Expanded Non-Motorized Access to Programs in the Forest Preserve

1. Defendants commit to establish, within six months of entry of this Consent Decree, a system for qualifying persons with disabilities for the use of existing non-motorized access to the Santanoni Great Camp without cost to such persons. Persons who have received permits pursuant to DEC CP-3 shall qualify for participation in such system under this paragraph. In addition, one person may, without cost, accompany each such qualifying person with disability in his or her use of existing non-motorized access to the Santanoni Great Camp, upon submission of a written statement by a physician reflecting a determination that such person's accompaniment is medically necessary, and explaining the basis for such determination. This provision shall not be construed to prevent any person who makes payment as agreed to by the provider of the existing non-motorized access to the Santanoni Great Camp from utilizing such access. Motorized access to Santanoni by persons who hold permits pursuant to DEC CP-3 shall continue until such time as non-motorized access is available.

2. DEC will construct, or cause to be constructed, accessible horsedrawn wagon, carriage and/or equestrian mounting platforms that are accessible to persons with mobility impairments at the following locations for access to programs in the Forest Preserve:

 UMP  Road Name  Miles  Program
 Lake George  Fishbrook Pond  1.33 Fishing
Camping
 Lake George  Millman Pond  1.94 Fishing
Camping
 Lake George  Bumps Pond  4.43 Fishing
Camping
Camp Santanoni  Newcomb Lake  4.75 Fishing
Hunting
Camping
Wildlife Viewing
Unique Historical Site
     12.45 miles total



Defendants shall require that any agent, guide or entity providing services utilizing a horsedrawn wagon, carriage or vehicle providing services at these locations shall have provision for safely transporting persons with disabilities, including those with mobility impairments.

E. Training and Materials.

1. DEC and APA will hire one or more independent consultants with relevant expertise to conduct training, relating to making DEC programs accessible to persons with disabilities, of the following persons:

With respect to assisting persons with disabilities in their enjoyment of, and access to, programs in the Forest Preserve, such training will include sensitivity awareness to attitudes, terminology, needs and characteristics relating to persons with disabilities, methods for conducting trail accessibility assessments, assessing the need for facility improvements and identifying access opportunities, among other topics to be developed with the consultant(s).

2. DEC will develop, produce and distribute educational, interpretive and outreach materials regarding recreational opportunities for persons with disabilities within two (2) years of the entry of this Consent Decree, including the following information:

F. Settlement Implementation.

1. Defendants commit to make a good faith effort to fulfill their obligations under this Consent Decree within three years of the date of its entry. Defendants' shall make one payment of $60,000 to the New York State Independent Living Council, Inc. within 90 days of the entry of this Consent Decree, such monies to be used solely for assisting and verifying Defendants' implementation of their commitments made herein. If, at the end of the three year period following the date of entry of this Consent Decree, the Defendants have not yet satisfied their commitments hereunder, the New York State Independent Living Council, Inc., on behalf of the Plaintiffs, may contact the Defendants, provide evidence to support Plaintiffs' belief that such commitments have not been satisfied, and seek additional funding of $20,000 in this paragraph. Defendants shall not unreasonably refuse to provide additional funding. A second one-year extension may be sought by the New York State Independent Living Council, Inc. if, at the end of the fourth year following entry of this Consent Decree, the Defendants have not yet satisfied their commitments. The commitments made by the Defendants in this paragraph shall not, absent order of the Court, extend beyond two additional $20,000 annual payments or five years following the entry of this Consent Decree. No money provided pursuant to this paragraph shall be used to purchase, lease, repair or maintain any motorized vehicle, including but not limited to automobiles, trucks and all-terrain vehicles; provided, however, that funds provided to the New York State Independent Living Council, Inc. pursuant to this paragraph may be used for reimbursement, at the approved State rate, for mileage for vehicle use in furtherance of the "assisting and verifying" activities referred to in this paragraph.

2. The New York State Independent Living Council, Inc. shall submit to the Court, the DEC Director of Land and Forests, and the undersigned Assistant Attorney General, within 60 days of each one year anniversary date of the payment made pursuant to paragraph I.F.1 above, a report concerning the activities conducted using funds provided pursuant to such paragraph. Such report shall include an itemized accounting of all expenditures. All actions of the New York State Independent Living Council, Inc., its employees, agents and/or other representatives under paragraph I.F. of this Consent Decree, shall comply with all applicable provisions of law, including without limitation New York Constitution Article XIV, § 1, the Adirondack State Land Master Plan, Unit Management Plans, the New York Environmental Conservation Law, and DEC regulations, policies and guidance memoranda. DEC commits that any relevant policies and/or guidance memoranda adopted following entry of this Consent Decree shall comply with New York Environmental Conservation Law § 3-0301(2)(z).

3. One or more of the Defendants shall, on a quarterly basis, submit to the Court a report identifying the status of each commitment made herein. The first such report shall be submitted no later than the close of the second calendar quarter following entry of this Consent Decree.

4. Except as set forth in Section III.A of this Consent Decree, Plaintiffs' right to freedom of speech shall not otherwise be abridged by this Consent Decree.

G. Other Commitments.

1. Defendants commit to designate a (a) DEC Central Office Statewide Coordinator for Access Issues, and (b) Coordinator for Access Issues in each of the Department's nine Regional Offices. These designees will be included among those persons to be trained pursuant to paragraph I.E.1 above. The duties of these designees with respect to the ADA shall be limited to programmatic access, and shall not include employment, public transportation or telecommunication issues.

2. Defendants commit that new construction or renovation of facilities by the DEC or the APA in the Adirondack Forest Preserve and any other New York State Forest Preserve will be in compliance with the New York State Uniform Fire Prevention and Building Code.

3. DEC shall create an Advisory Committee to the DEC comprised of Plaintiffs, other appropriate persons, organizations or representatives of persons with disabilities. Such Committee shall meet periodically with DEC and APA to consult with and advise these agencies concerning issues of interest to persons with disabilities. Defendants commit to give such Committee advance notice of the public meetings of those agencies which relate to the management of State lands in the Adirondack Forest Preserve, and will give the Committee an opportunity to put on the agenda of such meetings matters of particular interest to the Committee.

4. Defendants commit to appoint a person with disabilities, or a representative of or advocate for persons with disabilities, to the Forest Preserve Advisory Committee. Defendants will consider nominations, if any, by the Committee established in paragraph I.G.3 above, and by other interested persons, as provided for in the Charter of the Forest Preserve Advisory Committee.

5. The parties agree that, to the extent that new public motorized opportunities are being opened under this Consent Order, such opportunities shall be exclusive to persons with disabilities holding permits under policy CP-3. Accordingly, DEC agrees that it will adopt and implement measures to secure these roads against unauthorized use. For those opportunities located inside the Forest Preserve, these measures will be taken either through the UMP process or pursuant to a separate public process. Control options to be considered in formulating these measures may include such options as:

a. Gating (in compliance with Section 504 of the Rehabilitation Act of 1973);

b. Where gating is appropriate, DEC may consider installing locks with changeable codes or combinations that would be revealed outside the Department to CP-3 permit holders only. DEC may also consider assigning DEC personnel to open gates upon request by CP-3 permit holders; provided, however, that such gates shall be closed the same day as they are opened; and

c. Posting signage providing notice to persons with disabilities holding permits under policy CP-3, and providing warnings to persons not holding such permits that they are subject to prosecution under applicable law.

DEC shall enforce against illegal motor vehicle use of the roads identified in this Consent Order.

H. Attorneys Fees and Costs. Upon review of contemporaneous time records prepared by counsel for Plaintiffs, and a determination that such records support a reasonable attorney's fee, Defendants shall provide Plaintiffs' reasonable attorneys' fees and costs; in full satisfaction of any and all liability and/or responsibility therefore under any federal statute or otherwise, in an amount not to exceed $185,000, payable by the Defendants to counsel for Plaintiffs, Alvin O. Sabo, within 120 days after (a) entry of the Consent Decree, and (b) receipt by the undersigned Assistant Attorney General of a copy of the entered Consent Decree. Payment shall be made to the order of "Donahue, Sabo, Varley and Armstrong, P.C.," and transmitted to Alvin O. Sabo, Esq., at One Winners Circle, P.O. Box 15056, Albany, New York 12212-5056. Payment by the State of New York is subject to the approval of all appropriate state officials in accordance with the provisions of New York Public Officers Law Section 17(3)(a). If a dispute arises regarding any portion of the submitted bill, including but not limited to the attorney time, rates, costs or disbursements that have been sought by Plaintiffs' Counsel, and Plaintiffs and Defendants are unable to resolve the issue, an application may be made to the Magistrate Judge in letter form, or as directed by the Magistrate Judge, to resolve the dispute.

 

SECTION II. Commitments of Intervenor-Defendants

A. Except as set forth in paragraphs II.B and II.C below, all Intervenor-Defendants agree that, in accordance with their statements on the record at the conference before the Court on March 15, 2001, they will not oppose, whether in the UMP process, or through judicial, administrative or other extrajudicial means, the opening of roads identified in Section I.C of this Consent Decree for motor vehicle access for persons with disabilities holding permits under DEC Policy CP-3. In particular, and without limitation except as set forth in paragraphs II.B and II.C below, Intervenor-Defendants will not oppose: (I) the proposal, through the UMP process, of motor vehicle access at locations identified in paragraph I.C.1 herein and Exhibit A hereto; and/or (2) Defendants' commitment to keep open those roads identified in paragraph 1.C.2. herein and Exhibit H hereto, initially opened pursuant to the Court's Memorandum-Decision and Order filed October 9, 1998.

B. Notwithstanding the provisions of paragraph II.A. above, Intervenor-Defendants Adirondack Council, Residents Committee to Protect the Adirondacks, Environmental Advocates and Association for the Protection of the Adirondacks, reserve their rights to oppose, in the UMP process or otherwise, the following: (1) the opening to motor vehicle access of the Mount Tom and Branaugh locations identified in paragraph I.C.1 herein and Exhibit A hereto; (2) the capital project involving Arrow Road, set forth in Exhibit D hereto; (3) the proposed "improvement" of lily Pond Road as described in Exhibit G, ¶ 7; and/or (4) any proposal to open or improve any roads for motor vehicle access for persons who do not hold permits under policy CP-3 .

C. Notwithstanding the provisions of paragraph II.A. above, Intervenor-Defendant Adirondack Mountain Club, Inc. reserves its right to oppose, in the UMP process, the following: (1) the capital project involving Arrow Road, set forth in Exhibit D hereto; (2) the accessibility project involving Trout and Mud Ponds, set forth as item #23 in Exhibit C hereto; (3) the opening to motor vehicle access of the Holmes Lake location identified in paragraph I.C.1 herein; and (4) any proposal to open or improve any roads for motor vehicle access for persons who do not hold permits under policy CP-3.

 

SECTION III. General Provisions

A. Effect of Consent Decree. By entering into this Consent Decree, Defendants and Defendant-Intervenors make no admission of any liability with respect to any of the claims asserted by Plaintiffs, nor of any fact asserted by Plaintiffs, nor of the validity of any of the claims asserted by the Plaintiffs. By entering into this Consent Decree, Plaintiffs agree to discontinue this action with prejudice, and agree that they will not file or support in any way any future claims or complaints, or commence or support litigation under the Americans with Disabilities Act, United States Constitution or other statute or common law relating to issues that were, or could have been, raised in this litigation concerning any matter relating to the Forest Preserve including, but not limited to motorized access at locations in the Forest Preserve by persons with disabilities, and compliance in any manner with the ADA as it relates in any way to the Forest Preserve.

B. Continuation of DEC CP-3. DEC CP-3, entitled "Motor Vehicle Access to State Lands Under the Jurisdiction of the Department of Environmental Conservation for People with Disabilities," adopted on June 4, 1997, will remain in effect. Nothing herein shall limit the authority of DEC to amend such policy; provided, however, that any such amendment shall comply with all applicable provisions of law. To the extent additional Forest Preserve roads and/or other routes on DEC-administered lands outside the Forest Preserve, providing motor vehicle access to programs for qualifying persons with disabilities under DEC CP-3 are identified in this document, those roads and/or other routes will be added to DEC's comprehensive, statewide list associated with DEC CP-3. Nothing in this Consent Decree shall be construed to permit motor vehicle use on any road and/or other route that has not been approved for motor vehicle use pursuant to applicable law.

C. Force Majeure.

1. Defendants shall not be in default regarding the provisions of this Consent Decree if they are unable to comply with any provision because of an act of Nature, war, insurrection, strike, judicial injunction or other court order, contract default, budget delay, catastrophic condition, or other circumstance beyond their control. Defendants shall notify Plaintiffs in writing, within thirty (30) days, of any occurrence of any of the above events that lead to delays in compliance, or the prospective inability to comply with this Consent Decree, and shall request modification of this Consent Decree, where appropriate. Failure to satisfy any requirement of this Consent Decree shall be excused, and/or extensions of milestones provided, under the terms of this section if Defendants show that they took steps reasonably necessary to avoid or mitigate the delay or other noncompliance, and complied with the notice requirements of this section.

2. Plaintiffs' remedy for any failure or default by Defendants with respect to performance under one or more provisions of this Consent Decree, where such failure is not otherwise excused pursuant to paragraph III.C.1 of this Consent Decree, shall be limited to specific performance of such provision, as ordered by the Court. In no event shall any such failure or default be grounds for rescission, in whole or in part, of other provisions of this Consent Decree.

D. Continuing Jurisdiction. The Court shall retain jurisdiction of this matter for the purpose of enabling the parties to apply to the Court for any further order that may be needed to carry out or enforce compliance with the specific commitments made by the parties to this Consent Decree; provided, however, that the exercise by DEC of its discretionary authority as land manager for the Forest Preserve pursuant to New York State Constitution Article XIV, New York statutes and regulations, and the SLMP land classification system, with respect to matters not covered by this Consent Decree, shall not be subject to this paragraph.

E. Termination. This Consent Decree shall be deemed completely satisfied and shall terminate when the parties have met all their obligations hereunder.

F. Notice. Notice of the actions to be taken or exchange of information pursuant to this Consent Decree shall be provided to the following:

 

Counsel for Plaintiffs

Alvin O. Sabo, Esq.
Donahue, Sabo, Varley & Armstrong, P.C.
One Winners Circle
P.O. Box 15056
Albany, New York 12212-5056
(518) 458-8922
(518) 438-4349 (fax)

Counsel for Defendants

D. Scott Bassinson
Lisa M. Burianek
Assistant Attorneys General
New York State Department of Law
Environmental Protection Bureau
The Capitol
Albany, New York 12224
(518) 473-5843
(518) 473-2534 (fax)

Counsel for Intervenor-Defendants

Blair W. Todt
Carter, Conboy, Case, Blackmore Napierski & Maloney, P.C.
Attorneys for Intervenor-Defendant Adirondack Mountain Club, Inc.
20 Corporate Woods Boulevard
Albany, New York 12211-2350
(518) 465-3484
(518) 465-1843 (fax)

Douglas H. Ward
Young, Sommer, Ward, Ritzenberg, Wooley, Baker & Moore, LLC
Attorneys for Intervenor-Defendants Adirondack Council, Residents' Committee to Protect the Adirondacks, Environmental Advocates, Association for the Protection of the Adirondacks, Graham L. Cox, Lisa M. Genier, Debra Hamilton, and Ernest B. LaPrairie
Executive Woods
Five Palisades Drive
Albany, New York 12205
(518) 438-9907
(518) 438-9914 (fax)

The parties may from time to time as necessary modify the address or designee for purposes of notice and exchange of information. Notice of such a modification shall be provided in writing, to the then-existing designees under this provision.

G. Severability. If any provision of this Consent Decree is determined, by court ruling, order, decision, memorandum and/or opinion, to be invalid or otherwise contrary to law, such ruling, order, decision, memorandum and/or opinion shall not affect the continuing validity of the remaining provisions of this Consent Decree.

H. Entire Agreement. This Consent Decree, with Exhibits A-H incorporated by reference and attached hereto, constitutes the entire agreement entered into by the parties to settle this matter. By signing this Consent Decree, each party acknowledges that, except as set forth in paragraph III.D. concerning the continuing jurisdiction of the Court, entry of this Consent Decree will result in complete termination of this action including extinguishing all claims asserted in this action and any potential appeals, with prejudice.

 

I. Authority. The undersigned representative for each party certifies that he or she is fully authorized by the party or parties whom he or she represents to enter into the terms and conditions of this Consent Decree and to bind them to it.

This agreement is agreed to by all parties, as amended in open court on the record on July 5, 2001

Dated: May 31, 2001
Albany, New York

NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION

By:
JAMES H. FERREIRA, ESQ.
Deputy Commissioner and General Counsel
625 Broadway
Albany, NY 12233-3254
(518) 485-7707

Dated: May 31, 2001
Canton, New York

RICHARD LEFEBVRE
CHAIRMAN
ADIRONDACK PARK AGENCY

By:
RICHARD LEFEBVRE
P.O Box 99, Route 86
Ray Brook, New York 12977
(518) 891-4050

Dated: May 31, 2001
Albany, New York

ELIOT SPITZER
ATTORNEY GENERAL
STATE OF NEW YORK

By:
D. SCOTT BASSINSON
Bar Roll No. 103818
LISA M. BURIANEK
Bar Roll No. 506779
Assistant Attorneys General
Attorneys for Defendants
The Capitol
Albany, New York 12224-0341
(518) 473-5843
(518) 473-2534 (fax)

Dated: May 31, 2001
Albany, New York

DONAHUE, SABO, VARLEY & ARMSTRONG, P.C.
ATTORNEYS FOR PLAINTIFFS

By:
ALVIN O. SABO
Bar Roll No. 102509
One Winners Circle
P.O. Box 15056
Albany, New York 12212-5056
(518) 458-8922
(518) 438-4349 (fax)

Dated:July 5, 2001
Albany, New York

CARTER, CONBOY, CASE, BLACKMORE NAPIERSKI & MALONEY, P.C.

By:
BLAIR W. TODT
Bar Roll No. 508043
Attorneys for Intervenor-Defendant
Adirondack Mountain Club, Inc.
20 Corporate Woods Boulevard
Albany, New York 12211-2350
(518) 465-3484
(518) 465-1843 (fax)

Dated July 5, 2001
Albany, New York

YOUNG, SOMMER, WARD, RTTZENBERG, WOOLEY, BAKER &
MOORE, LLC

By:
DOUGLAS H. WARD
Bar Roll No. 501204
Attorneys for Intervenor-Defendants
Adirondack Council, Residents' Committee to Protect the Adirondacks, Environmental Advocates, Association for the Protection of the Adirondacks, Graham L. Cox, Lisa M. Genier, Debra Hamilton, and Ernest B. LaPrairie
Executive Woods
Five Palisades Drive
Albany, New York 12205
(518) 438-9907
(518) 438-9914 (fax)

   
IT IS SO ORDERED. This consent decree is in the public interest, and is fair and reasonable.
 

HON. LAWRENCE E. KAHN

7-5-01

EXHIBIT A: MOTORIZED ACCESS BY PERMIT FOR PERSONS WITH DISABILITIES TO BE PROPOSED AND SUPPORTED THROUGH THE UMP PROCESS

EXHIBIT B: NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION - ROADS AND TRAILS OPEN TO MOTOR VEHICLE USE BY PERSONS WITH MOBILITY IMPAIRMENT DISABILITIES

EXHIBIT C: ACCESSIBILITY PROJECTS RELATED TO EXISTING WILD FOREST FACILITIES AND OPPORTUNITIES

EXHIBIT D: ACCESSIBILITY PROJECTS TO BE UNDERTAKEN WITH RESPECT TO LOCATIONS IDENTIFIED IN EXHIBIT A, UPON COMPLETION OF THE UMP PROCESS FOR THE WILD FOREST UNITS IN WHICH THEY ARE LOCATED, AND FOR ACCESSIBILITY PROJECTS FOR ROADS THAT ARE CURRENTLY OPEN TO MOTOR VEHICLE TRAFFIC

EXHIBIT E: ADDITIONAL CAPITAL PROJECTS

EXHIBIT F: REGION 6 FWMB ITEMS

EXHIBIT G:

EXHIBIT H: INJUNCTION ROADS TO REMIN OPEN SUBJECT TO FINAL APPROVAL IN THE UMP PROCESS

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