MATTER OF WOZNIAK v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION


117 A.D.2d 673 (1986)

In the Matter of Edward Wozniak, Petitioner, v. New York State Department of Environmental Conservation, Respondent

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

February 10, 1986


Determination confirmed, without costs or disbursements, and matter remitted to the Supreme Court, Suffolk County, for an evidentiary hearing to determine whether the wetlands regulations, considered together with the denial of the permit, would work an unconstitutional taking of the petitioner's property.

Based on the evidence adduced in the record of the administrative proceedings before the New York State Department of...

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