Nieckoski v. New York State Department of Environmental Conservation

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation dated April 3, 1991, inter alia, imposing penalties, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Leis, J.), dated December 9, 1992, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner, Joseph Nieckoski, owns waterfront property in Bellport. The property is located in a regulated tidal wetland area inventoried on an official map issued by the *762re…