Zazulka v. New York State Department of Environmental Conservation

Proceeding pursuant to CPLR Proceeding article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated December 7, 2004, which, after a hearing, denied the petitioner’s application for a permit to build a two-family house in a designated freshwater wetland.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination of the Commissioner of the New York State Department of Environmental Conservation must be confirmed, as it was rational and not…