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D.B.S. REALTY v. DEC

201 A.D.2d 168 (1994)

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

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

August 4, 1994

Attorney(s) appearing for the Case

David M. Schwartz, New York City, and Walsh, Wicks & Salisbury, Red Hook, for appellant.

G. Oliver Koppell, Attorney-General, Albany (Kathleen Liston Morrison, Peter H. Schiff, Douglas H. Ward and Helene G. Goldberger of counsel), for respondents.

CREW III, CASEY, WEISS and PETERS, JJ., concur.

CARDONA, P. J.

The primary issue in this CPLR article 78 proceeding is whether the issuance by respondent State Department of Environmental Conservation (hereinafter DEC) of a negative declaration to a landowner's inquiry concerning the wetland status of its property, prior to the promulgation of a final wetlands map, constitutes a complete defense under the Freshwater Wetlands Act (ECL art 24 [hereinafter the...

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