GRASSO v. BERLE


99 Misc.2d 562 (1979)

Robert Grasso et al., Petitioners, v. Peter A. A. Berle, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

January 4, 1979


Attorney(s) appearing for the Case

David C. Weisberg for petitioners. Louis J. Lefkowitz, Attorney-General, for respondents.


JAMES A. GOWAN, J.

The petitioners in this article 78 proceeding seek a determination setting aside the order of the respondent, dated May 22, 1978, which denied petitioners' application for a tidal wetlands permit upon the grounds that such denial of the application was arbitrary and capricious and constituted an abuse of discretion, and that it further constituted the denial of the constitutional right of the petitioners.

Petitioners are the...

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