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ELLIS v. MARSH

164 Misc.2d 135 (1995)

623 N.Y.S.2d 482

Herbert S. Ellis, Petitioner, v. Langdon Marsh, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

Supreme Court, Albany County.

January 27, 1995

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, Albany (Thomas S. West of counsel), for petitioner. Dennis C. Vacco, Attorney-General, Albany (Kathleen Liston Morrison of counsel), for respondent.

ROBERT C. WILLIAMS, J.

In this CPLR article 78 proceeding, petitioner Herbert S. Ellis seeks an order and judgment annulling the decision and order of the respondent (the DEC), dated February 8, 1994, to amend certain freshwater wetlands maps in Albany County to add a new wetland TN-11 that affects a portion of the property owned by the petitioner. The petitioner claims that the decision and order was not processed...

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