1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 51 A.D.2d
  5. 51 A.D.2d 52 (1975)
 

MTR. OF KESSLER v. SHERMAN

51 A.D.2d 52 (1975)

In the Matter of Henry Kessler, Appellant, v. Chester D. Sherman et al., as Justices of the Justice Court, Town of Shelter Island, Respondents, and Louis J. Lefkowitz, as Attorney-General of The State of New York, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1975

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Baisley & Yakaboski (Robert C. Crimmins and Howard M. Finkelstein of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Zedrosser, Philip Weinberg and Samuel A. Hirshowitz of counsel), for intervenor-respondent.

RABIN, Acting P. J., and SHAPIRO, J., concur with MARGETT, J.; COHALAN, J., dissents and votes to reverse the judgment and grant the petition, with a dissenting opinion in which BRENNAN, J., concurs.

MARGETT, J.

On September 10, 1973, the petitioner, a part owner of property located at Hay Beach Point, Shelter Island, New York, directed the operation of a backhoe as it dredged a channel on the property and deposited the dredged material alongside. The petitioner had no formal permit for this activity; on November 8, 1973 an information was filed in the Shelter Island Justice Court by the Attorney-General charging that, from September 12, 1973, and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases