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WEDINGER v. GOLDBERGER

71 N.Y.2d 428 (1988)

In the Matter of Robert H. Wedinger et al., Appellants, v. Helene G. Goldberger et al., Respondents. In the Matter of Dora Homes, Inc., et al., Appellants, v. Cyril M. Moore, Jr., et al., Respondents. Marine Equities Company, Petitioner, v. Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, and Palmieri Brothers, Inc., Appellant. Chesed Avrhom Hacohn Foundation, Petitioner, v. Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, and F.D.M.B., Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1988.

Attorney(s) appearing for the Case

Laurel A. Wedinger and John S. Zachary for appellants in the first above-entitled proceeding.

Robert Abrams, Attorney-General (Ezra I. Bialik and O. Peter Sherwood of counsel), for respondents in the first above-entitled proceeding.

John Z. Marangos for appellants in the second above-entitled proceeding.

Robert Abrams, Attorney-General (Helene G. Goldberger, O. Peter Sherwood, Ezra I. Bialik and Harvey M. Berman of counsel), for respondents in the second above-entitled proceeding.

John J. Turvey and Abe Reiss for appellants in the third and fourth above-entitled proceedings.

Robert Abrams, Attorney-General (William J. Caplow, O. Peter Sherwood, Harvey M. Berman and Ezra I. Bialik of counsel), for respondents in the third and fourth above-entitled proceedings.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.

BELLACOSA, J.

These cases pit the property interests of several individuals and corporations against the New York State Department of Environmental Conservation's (DEC) efforts, under legislative mandate, to preserve freshwater wetlands on Staten Island. The battles have raged in the courts and in the legislative corridors for years and have culminated in these four proceedings with appeals in this court and...

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