MATTER OF SPINNENWEBER v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION


160 A.D.2d 1138 (1990)

In the Matter of John R. Spinnenweber, Respondent, v. New York State Department of Environmental Conservation, Appellant

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

April 19, 1990


Yesawich, Jr., J.

Petitioner owns property which borders the Hudson River in the Town of Esopus, Ulster County. To combat erosion, petitioner placed fill along the shoreline between the high and low water lines. As petitioner never obtained a permit for this activity, the Commissioner of Environmental Conservation, after a hearing, issued an order imposing penalties and required petitioner to submit a plan for removing the fill. When petitioner's proposal...

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