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MATTER OF BROTHERTON v. DEP'T OF ENVTL. CONSERVATION OF THE STATE OF NEW YORK

252 A.D.2d 498 (1998)

675 N.Y.S.2d 121

In the Matter of Frederick Brotherton, Appellant, v. Department of Environmental Conservation of the State of New York, Respondent

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

July 6, 1998

Ordered that the judgment is affirmed, with costs.

The real property at issue in this appeal is a parcel consisting of approximately 1.6 acres, located on Dune Road in Quogue and abutting the Quogue Canal. In 1990, after the petitioner's application to reconstruct the washed-out bulkhead on this property was denied by the Department of Environmental Conservation of the State of New York (hereinafter the DEC), the petitioner commenced this CPLR article 78 proceeding...

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