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MTR. OF D.B.S. REALTY v. DEC

154 Misc.2d 424 (1992)

In the Matter of D.B.S. Realty, Inc., Petitioner, v. New York State Department of Environmental Conservation et al., Respondents.

Supreme Court, Dutchess County.

April 24, 1992

Attorney(s) appearing for the Case

Walsh, Wicks & Salisbury for petitioners. Robert Abrams, Attorney-General, for respondents.

JUDITH A. HILLERY, J.

Petitioner commenced this CPLR article 78 proceeding to declare the nullity of a cease and desist directive dated June 20, 1991 and to enjoin the New York State Department of Environmental Conservation (DEC) from enforcing the Freshwater Wetlands Act (ECL art 24) against petitioner's property upon the grounds that the DEC lacks jurisdiction. Petitioner seeks a permanent injunction against...

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