This is a special proceeding in the nature of a CPLR article 78 proceeding commenced by Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation (the DEC). In brief, the DEC seeks a review of the determination and order of the Freshwater Wetlands Appeals Board (the FWAB) dated November 9, 1989 which, inter alia, removed certain property in...
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