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FLACKE v. FRESHWATER WETLANDS

53 N.Y.2d 537 (1981)

In the Matter of Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, Appellant, v. Freshwater Wetlands Appeals Board of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis J. Keehan, Shirley Adelson Siegel and James A. Sevinsky of counsel), for appellant.

Whitney North Seymour, Jr., and Molly K. Heines for Freshwater Wetlands Appeals Board of State of New York, respondent.

H. Wayne Judge and Mark A. Lebowitz for Meadow Run Development Corporation, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

The issue presented in this case is whether the Commissioner of the Department of Environmental Conservation may, by means of an article 78 proceeding, seek review of a determination of the Freshwater Wetlands Appeals Board reversing a determination of his department. A State agency, of course, has only those powers conferred upon it by the Legislature. We conclude today that the Legislature has...

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