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DREXLER v. TOWN OF NEW CASTLE

62 N.Y.2d 413 (1984)

In the Matter of Jane Drexler, as Successor in Interest to John Ciardullo and Another, Appellant, v. Town of New Castle et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1984.

Attorney(s) appearing for the Case

James M. Coogan for appellant.

Lawrence Dittelman, Town Attorney, for respondents.

Robert Abrams, Attorney-General (Kathleen Liston Morrison, Peter H. Schiff and James A. Sevinsky of counsel), pro se, and for Commissioner of the New York State Department of Environmental Conservation, amicus curiae.

Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Chief Judge COOKE taking no part.

JASEN, J.

The central issue on this appeal is whether a town may regulate the use of wetlands which are not designated on the State Freshwater Wetlands map, without filing or promulgating a map identifying such local wetlands. This is the first occasion that this court has been asked to delineate the role of a local government under the Freshwater Wetlands Act. (Environmental Conservation Law [ECL], art 24.)...

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