Ellis v. Marsh

OPINION OF THE COURT

Robert C. Williams, J.

In this CPLR article 78 proceeding, petitioner Herbert S. Ellis seeks an order and judgment annulling the decision and order of the respondent (the DEC), dated February 8, 1994, to amend certain freshwater wetlands maps in Albany County to add a new wetland TN-11 that affects a portion of the property owned by the petitioner. The petitioner claims that the decision and order was not processed in accordance with *137applicable statutes, rules and regulations and is illegal, arbitrary and capricious and affected by errors of law.

This proceeding concerns a…