Legal Opinion
Town of Fenton v. Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1986PublishedCited by 3 opinions
1Opinion of the Court
—Mikoll, J.
Appeal from a judgment of the Supreme Court at Special Term (Smyk, J.), entered July 11, 1985 in Broome County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.
*921Petitioner is a municipal corporation situated in the northeastern portion of Broome County. Respondents, the Department of Environmental Conservation (DEC) and the Department of Transportation (DOT), are both State agencies.
Freshwater wetlands are lands and waters containing certain varieties of vegetation and are "invaluable resources for flood protection, wildlife…
2Cases cited4 opinions
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- City of Albany v. McMorranNew York Supreme Court · 1962
- Elefante v. HannaAppellate Division of the Supreme Court of the State of New York · 1976
- Elefante v. HannaNew York Court of Appeals · 1976
3Cited by3 opinions
- Deal v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Vanbuskirk v. Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 1990
- Flax v. AshNew York Supreme Court · 1988