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


291 A.D.2d 558 (2002)

738 N.Y.S.2d 65

In the Matter of RICHARD LEIBNER et al., Petitioners, 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 February 25, 2002.


Adjudged that the petition is granted, on the law, without costs or disbursements, and the matter is remitted to the respondents for further proceedings consistent herewith.

The petitioners own a vacation home located on Clam Pond, which is in the Village of Saltaire, on Fire Island. They sought permission to construct a walkway into Clam Pond leading to a floating dock. At a hearing before an Administrative Law Judge (hereinafter the ALJ), evidence was introduced...

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