Legal Opinion

Grimaldi v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 2002PublishedCited by 3 opinions

1Opinion of the Court

On the Court’s own motion, it is Ordered that its unpublished decision and order dated September 23, 2002, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation dated August 8, 2000, which, after a hearing, denied the petitioner’s application for a permit to build a house and septic system in the regulated area immediately adjacent to a designated freshwater wetland.

Adjudged that the…

2Cases cited3 opinions

  1. Spears v. BerleNew York Court of Appeals · 1979
  2. Haines v. FlackeAppellate Division of the Supreme Court of the State of New York · 1984
  3. Brotherton v. Department of Environmental Conservation of New YorkAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. Matter of Rochester Redevelopment, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matthews v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2006
  3. Zazulka v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2006

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