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MATTER OF GRIMALDI v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

299 A.D.2d 410 (2002)

753 N.Y.S.2d 842

In the Matter of STEPHEN D. GRIMALDI, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided November 12, 2002.

Ordered that its unpublished decision and order dated September 23, 2002, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation dated August 8, 2000, which, after a hearing, denied the petitioner's application for a permit to build a house and septic system in...

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