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STATE OF NEW YORK v. REED

78 Misc.2d 1004 (1974)

State of New York, Plaintiff v. James Reed et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 3, 1974

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General, for plaintiff. McNulty & Di Pietro for defendants. Richard M. Hall, Sarah Chasis, Angus Macbeth and James B. Tripp for Natural Resources Defense Council, Inc. and others, amici curiae.

GEORGE F. X. McINERNEY, J.

The State of New York complains that the defendants are constructing a driveway through wetlands between Moriches Bay and Dune Road, Westhampton, Suffolk County, in violation of ECL 25-0202 which prohibits the altering of any tidal wetlands in the State without first obtaining a permit from the Department of Environmental Conservation.

The State alleges in paragraph 1 of its complaint that: "The State of New York is...

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