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MATTER OF WECHSLER v. DEC.

153 A.D.2d 300 (1990)

In the Matter of Benjamin I. Wechsler et al., Petitioners, v. New York State Department of Environmental Conservation, Respondent

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

January 25, 1990

Attorney(s) appearing for the Case

Schulman & Gaiman (Mark Lewis Schulman of counsel), for petitioners.

Robert Abrams, Attorney-General (Donald E. Shehigian and Peter G. Crary of counsel), for respondent.

CASEY and LEVINE, JJ., concur with MAHONEY, P. J.; KANE and MERCURE, JJ., dissent and vote to annul in an opinion by KANE, J.

MAHONEY, P. J.

Petitioner Benjamin I. Wechsler (hereinafter petitioner) owns approximately 1,067 acres located in the Towns of Forestburgh and Thompson, Sullivan County. He also owns a hunting and fishing easement over some 1,800 adjacent acres owned by the State (see, Wechsler v People, 147 A.D.2d 755, lv denied 74 N.Y.2d 610, appeal dismissed...

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