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McCulley: Grannis should recuse himself

Although DEC staff had argued the Old Mountain Road had been formally abandoned by the towns, Grannis found that wasn't the case. He also said the road "is a legal right of way for public use."

In dismissing the complaint against McCulley, Grannis took the recommendation of Administrative Law Judge James McClymonds, who presided over a three day hearing in the case in November 2007.

Since the May decision, numerous groups have come forward requesting Grannis revisit his decision.

Stiles wrote Grannis on June 3, stating that the decision failed to take into account "the legal effect of the Adirondack Park State Land Master Plan."

"As a result, it reaches the wrong conclusion and provides a precedent that could lead to years of unnecessary litigation and conflict over long-closed motor vehicle roads," the letter reads.

The letter also calls for the formal abandonment of Old Mountain Road pursuant to Highway Law 212. Stiles also offers "any resources we can bring to bear to assist in this outcome."

Houseal's letter to Grannis bares strong resemblance.

"The Adirondack Council strongly urges you to use your authority to permanently close the section of the Old Mountain Road which extends through the Sentinel Range Wilderness," it reads.

In the motion filed Sept. 9, Norfolk cited regulations barring parties or representatives from communicating with both the administrative law judge and the commissioner without providing proper notice to all other parties.

"The foregoing examples of undisclosed ex parte communication raise serious questions of whether all relevant information is receiving equal consideration by you and Administrative Law Judge James T. McLymonds," Norfolk writes.

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