Stapf v. Flacke

OPINION OF THE COURT

Aaron E. Klein, J.

By order to show cause dated July 2,1981, the petitioner has commenced a CPLR article 78 proceeding in the nature of mandamus (CPLR 7803, subd 1) for a judgment directing the respondent to issue a permit; pursuant to ECL 15-0505 and 70-0109 (subd 3, pars [a], [b]) so as to enable the petitioner to fill a man-made pond located on her premises. The respondent has moved by notice of motion to dismiss the petition on objections in point of law (CPLR 7804, subd [f]). As now composed, the motion of the respondent contends that the petition fails to state a…