Smith v. Williams

Proceeding pursuant to ECL article 24 to review a determination of the respondent Commissioner, dated July 13, 1983, which denied petitioner freshwater wetlands permits, or, if the determination denying the permits is upheld, then for judgment declaring the denial to be a taking without just compensation (ECL 24-0705 [7]).

Determination confirmed, without costs or disbursements, and proceeding remitted to the Supreme Court, Suffolk County, for an evidentiary hearing pursuant to Spears v Berle (48 NY2d 254, 261) and Matter of Haines v Flacke (104 AD2d 26, 36) to determine “whether the wetlands…