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WEDINGER v. GOLDBERGER

131 Misc.2d 109 (1986)

In the Matter of Robert H. Wedinger et al., Petitioners, v. Helene G. Goldberger et al., Respondents.

Supreme Court, Special Term, Richmond County.

February 18, 1986

Attorney(s) appearing for the Case

John S. Zachary, P. C. (Laurel A. Wedinger of counsel), for petitioners. Robert Abrams, Attorney-General (Ezra I. Bialik of counsel), for respondents.

CHARLES A. KUFFNER, J.

This is a special proceeding in which the petitioners seek a judgment pursuant to CPLR article 78: (1) annulling a cease and desist order issued by the respondent, Department of Environmental Conservation (hereinafter the DEC); (2) determining that petitioners' property is not a wetland as defined in ECL article 24; (3) preventing the Department of Environmental Conservation from further interference with construction on petitioners...

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