Marchand v. New York State Department of Environmental Conservation

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Environmental Conservation, and action pursuant to RPAPL article 15, inter alia, to compel the determination of a claim to real property, the defendant Incorporated Village of Bayville appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (LaMarca, J.), dated July 26, 2007, as denied that branch of its motion which was to dismiss the cause of action pursuant to RPAPL article 15.

Ordered that the order is affirmed insofar as appealed from,…