Legal Opinion

Pletenik v. Town of Brookhaven

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

Decided February 16, 2010Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Brookhaven dated August 28, 2007, which, after a hearing, denied the petitioner’s application for a wetlands permit, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated October 2, 2008, which granted the petition, annulled the determination, and directed the Town Board of the Town of Brookhaven to issue the requested permit.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the…

2Cases cited11 opinions

  1. Spears v. BerleNew York Court of Appeals · 1979
  2. Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
  3. Zupa v. Board of Trustees of SoutholdAppellate Division of the Supreme Court of the State of New York · 2008
  4. Schadow v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993
  5. Marasco v. LuneyAppellate Division of the Supreme Court of the State of New York · 1984

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