Slemp v. New York State Department of Environmental Conservation

— Levine, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Columbia County) to review a determination of respondent Commissioner of Environmental Conservation which, inter alia, found that petitioners had conducted filling activities without having obtained a freshwater wetlands permit.

Petitioners are the owners of a 75-acre parcel of real property located in the Town of Claverack, Columbia County. As part of a plan made by petitioners in early 1986 to construct a residence on their property, they proposed to improve an existing…