Matter of Rappl & Hoenig Co., Inc. v. New York State Dep't of Envtl. Conservation

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division erred, however, in the reasons given for leaving the matter with Special Term. The determination of whether the petitioner’s property could be drained without endangering the environment, as well as other issues concerning the use of the property, may be raised only after a determination that the subject property comes within the Freshwater Wetlands Act (ECL 24-0107, subd 1). If it is determined that the property comes within the purview of the act, questions concerning the…