Legal Opinion

Kroft v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2004PublishedCited by 4 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated July 8, 2002, which, after a hearing, denied the petitioner’s application for a tidal wetlands permit to construct a private dock.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

It is well settled that in a proceeding pursuant to CPLR article 78, the factual determinations of the Commissioner of the New York State Department of Environmental Conservation…

2Cases cited1 opinion

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978

3Cited by4 opinions

  1. Bradley Corporate Park v. CrottyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Cooper-Winfield v. GaryAppellate Division of the Supreme Court of the State of New York · 2004
  3. Watts v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
  4. Matter of Rochester Redevelopment, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2020

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