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SPINNENWEBER v. ENVTL CONSER

120 A.D.2d 172 (1986)

In the Matter of John F. Spinnenweber, Petitioner, v. New York State Department of Environmental Conservation, Respondent

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

November 20, 1986

Attorney(s) appearing for the Case

Francello, Van Benschoten & Bing (David Van Benschoten of counsel), for petitioner.

Robert Abrams, Attorney-General (Lawrence A. Rappoport and Peter H. Schiff of counsel), for respondent.

CASEY, J. P., WEISS, YESAWICH, JR., and LEVINE, JJ., concur.

MIKOLL, J.

In an order of May 19, 1983, the Commissioner of Environmental Conservation (Commissioner) found that between 1979 and 1981, petitioner had illegally filled approximately 7,000 square feet of the "littoral zone" of the Hudson River adjacent to his property in Port Ewen, Ulster County. The fill was placed north and south of a "tidal pool" which petitioner had also constructed without a permit to create...

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