Legal Opinion
Atlantic States Legal Foundation, Inc. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 2014Published
1Opinion of the CourtStein, J.
Appeal from a judgment of the Supreme Court (Cahill, J.), entered June 7, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted a motion by respondent Department of Environmental Conservation to dismiss the petition.
In August 2012, respondent Department of Environmental Conservation (hereinafter DEC) issued a Freshwater Wetlands permit (see ECL art 24) to respondent Stacy Cappon relating to property that she owned with her husband, respondent Brian Cappon, in the Town of West Monroe, Oswego County. In December 2012, petitioner, a not-for-profit corporation,…
2Cases cited10 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
- E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988
- Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
- Grella v. HevesiAppellate Division of the Supreme Court of the State of New York · 2007
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