Friedenburg v. New York State Department of Environmental Conservation

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated April 14, 1995, which denied the petitioners’ application for a tidal wetlands permit, the New York State Department of Environmental Conservation appeals, by permission and as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), entered February 5, 1996, as denied as academic its motion to dismiss the original petition and denied its separate motion to dismiss so much of an…