MATTER OF CITY OF LONG BEACH v. FLACKE


77 A.D.2d 638 (1980)

In the Matter of City of Long Beach, Appellant, v. Robert Flacke, 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.

July 23, 1980


Judgment modified, on the law, by deleting the fourth decretal paragraph thereof and substituting therefor a provision vacating the subject permit. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The matter is remitted to the DEC for a hearing in accordance herewith.

The subject permit issued by the DEC to RFWD in March, 1980 was predicated upon an application by the Town Board of the Town of Hempstead on behalf of the RFWD...

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