MATTER OF FRANKEL v. JORLING


148 A.D.2d 776 (1989)

In the Matter of Stanley Frankel, Petitioner, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation, Respondent

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

March 2, 1989


Mikoll, J.

Petitioner, owner of a 125-foot fishing vessel nicknamed The Tooth Ferry, moored it in an area in West Neck Creek adjacent to his waterfront property in the Town of Shelter Island, Suffolk County. During an inspection of the area Philip Obernauer, an officer of the Department of Environmental Conservation (hereinafter DEC), observed extensive dredging and filling in apparent violation of DEC's tidal wetlands regulations (see,...

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