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MATTER OF MARMO v. DEP'T OF ENVTL. CONSERVATION

150 A.D.2d 577 (1989)

In the Matter of John Marmo, Petitioner, v. Department of Environmental Conservation, Respondent

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

May 15, 1989

Adjudged that the petition is granted, the determination is annulled, without costs or disbursements, the charges are dismissed and the penalties are vacated.

The petitioner owns property bordering on wetlands in Bellmore in Nassau County. In January 1984, pursuant to the petitioner's application for permission to install a bulkhead, the respondent Department of Environmental Conservation (hereinafter the DEC) inspected his property. The DEC determined the adjoining...

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