Obedian v. New York State Department of Environmental Conservation

In a proceeding pursuant to CPLR article 78, inter alia, to vacate a determination of respondent New York State Department of Environmental Conservation, dated August 31, 1983, which denied the application of petitioners for a permit pursuant to the Tidal Wetlands Act, petitioners appeal from a judgment of the Supreme Court, Queens County (Pitaro, J.), dated June 7, 1984, which dismissed the petition as untimely.

Judgment affirmed, with costs.

Since the notice of petition and petition were concededly not served upon respondent until November 1, 1983, which was the 33rd day after respondent’s…