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MTR. OF ARDIZZONE v. ELLIOTT

75 N.Y.2d 150 (1989)

In the Matter of Salvatore Ardizzone, Appellant, v. Nancy Elliott, as Supervisor of the Town of Yorktown, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1989.

Attorney(s) appearing for the Case

Steve S. Efron and Mary A. Ciabattari for appellant.

Michael J. Grace, Town Attorney, for respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

The issue in this article 78 proceeding is whether the respondent, Town Board of the Town of Yorktown, has the power to regulate development in freshwater wetlands that have been mapped by the State Department of Environmental Conservation (DEC) and that are subject to State regulatory jurisdiction. Because we conclude that the DEC has exclusive authority to regulate State-mapped freshwater...

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