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MATTER OF WINSTON v. FRESHWATER WETLANDS APPEALS BD.

254 A.D.2d 363 (1998)

678 N.Y.S.2d 654

In the Matter of Ronald Winston, Appellant, and Public Land Preservation Society, Inc., Intervenor-Appellant, v. Freshwater Wetlands Appeals Board, Respondent, Village of Scarsdale, Intervenor-Respondent, et al., Intervenor-Respondent

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

October 13, 1998

Ordered that the judgment is affirmed, with one bill of costs.

The appellants' contention that the Freshwater Wetlands Appeals Board should have used the substantial weight of the evidence test in reviewing the order of the Commissioner of Environmental Conservation is without merit. Where, as here, agency action is taken pursuant to a hearing which is informational as opposed to adjudicatory, "the standard of review is...

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