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MATTER OF MIRACLE MILE ASSOCS. v. DEP'T OF ENVTL. CONSERVATION OF THE STATE OF NEW YORK

73 A.D.2d 807 (1979)

In the Matter of Miracle Mile Associates et al., Respondents, v. Department of Environmental Conservation of the State of New York et al., Respondents, City of Rochester et al., Appellants, and South Town Plaza, Inc., Intervenor-Appellant

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

December 14, 1979

Judgment unanimously affirmed, with costs.

Memorandum:

Petitioners in this article 78 proceeding seek to vacate a declaratory ruling of the General Counsel of the Department of Environmental Conservation which held that their proposed shopping center project in the Town of Henrietta was subject to the requirements of the Freshwater Wetlands Act (ECL, art 24, eff Sept. 1, 1975). As Special Term noted, and all parties apparently concede, counsel for the department...

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