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MATTER OF MERRICK JEWISH CTR., INC. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

128 A.D.2d 877 (1987)

In the Matter of Merrick Jewish Centre, Inc., et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents

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

March 30, 1987

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We find unpersuasive the petitioners' contention that the DEC lacked authority to hold a map-amendment hearing to reclassify the subject property from the status of an "adjacent area" to that of land which was "formerly connected [to] tidal wetlands" (see, 6 NYCRR 661.4 [b] [1]; [hh] [6]). The Tidal Wetlands Act (ECL art 25) expressly authorizes the amendment...

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