SCHIFERLE v. FRIEDMAN


91 Misc.2d 39 (1977)

William G. Schiferle et al., Petitioners, v. W. M. Friedman et al., Respondents.

Supreme Court, Erie County.

July 29, 1977


Attorney(s) appearing for the Case

Saperston, Day & Radler (Herbert J. Lustig of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Julius Feinstein of counsel), for respondents.


JOSEPH P. KUSZYNSKI, J.

In this article 78 proceeding, petitioners seek to modify and set aside a determination made by respondent officials of the State Department of Environmental Conservation (DEC) on July 7, 1977 certifying a portion of a proposed subdivision situated in the Town of Hamburg, as freshwater wetlands. Respondents are cross-moving to dismiss the petition.

Petitioners propose to develop a subdivision known as "Buttermilk Falls...

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