People v. Poveromo

Memorándum. In this action, defendant was charged with permitting fresh fill to be dumped onto property below the mean high watermark of the Nissequogue River without obtaining the' permit required by chapter 25B-3 of the Code of the Town of Smithtown. After trial, the trial count (see 71 Misc 2d 524) held that ;

1. Title to the land in question was held by the State in trust for the People’s use.

2. The State has evinced a clear and unambiguous intent to exercise complete control over these lands (Conservation Law, § 400-a et seq. [now ECL, art. 15, '§ 15-0101 et seq.]).

3. The town, a creature…