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MATTER OF KAHN v. PASNIK

90 N.Y.2d 569 (1997)

687 N.E.2d 402

664 N.Y.S.2d 584

In the Matter of James Kahn et al., Respondents, v. Joel Pasnik et al., Respondents, and LCS Realty, Inc., Appellant.

Court of Appeals of the State of New York.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale (John M. Armentano and Eli Wager of counsel), and Camhy Karlinsky & Stein, L. L. P., New York City (John B. Grant, Jr., and Kenneth Auerbach of counsel), for appellant.

Thomas V. Pantelis, Mineola, and Barket, Insardi & Balletta, P. C., Garden City (Janet M. Insardi of counsel), for Marilyn Richman and others, respondents.

Spellman & Walsh, L. L. P., Garden City (John M. Spellman, Kevin M. Walsh and John P. Gibbons, Jr., of counsel), for Joel Pasnik and others, respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

In 1989, the Village Board of the Village of Roslyn approved the construction of a 116,000 square foot mall that would contain an assortment of shops and a riverfront promenade. The developer of that project (the Delco project) then applied for a Tidal Wetlands Permit from the Department of Environmental Conservation (DEC). The permit was granted by DEC, but the developer was required to reduce the...

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