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MATTER OF NOYAC CIVIC COUNCIL, INC. v. BERLE

69 A.D.2d 883 (1979)

In the Matter of Noyac Civic Council, Inc., et al., Petitioners, v. Peter A. A. Berle, as Commissioner of The Department of Environmental Conservation, et al., Respondents

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

April 23, 1979

Determination confirmed, and proceeding dismissed on the merits, with one bill of $50 costs and disbursements jointly to respondents.

Respondent Edward Burke applied for permission in 1976 to construct a dock to adjoin his restaurant located on Noyac Bay in Suffolk County. The applicant had to show that the proposed activity would not despoliate the tidal wetlands; that it would comply with applicable Federal effluent limitations; and, at the time, that he would suffer...

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