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MATTER OF NEW YORK CITY AUDUBON SOCIETY, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

262 A.D.2d 324 (1999)

691 N.Y.S.2d 562

In the Matter of NEW YORK CITY AUDUBON SOCIETY, 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, Second Department.

Decided June 1, 1999.

Ordered that the judgment is affirmed, with costs.

The petitioner commenced this proceeding claiming, inter alia, that the respondent New York State Department of Environmental Conservation (hereafter the DEC) had issued a tidal wetlands permit in violation of lawful procedure in that it failed to hold a public adjudicatory hearing. The petitioner sought, among other things, the permit be revoked and that such a hearing be held.

Notwithstanding the...

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