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MATTER OF FRIEDENBURG v. DEC

3 A.D.3d 86 (2003)

767 N.Y.S.2d 451

In the Matter of STANLEY FRIEDENBURG et al., as Executors of GWENDOLYN LONDINO, Deceased, Respondents, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Appellant.

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

November 24, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Gregory J. Nolan, Marion R. Buchbinder and Norman Spiegel of counsel), for appellant.

Esseks, Hefter & Angel, Riverhead (Stephen R. Angel, Anthony C. Pasca and Nica B. Strunk of counsel), for respondents.

KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.P.

This appeal presents us with the opportunity to address issues arising from the application of New York State wetlands regulations, as administered by the appellant, the New York State Department of Environmental Conservation (hereinafter the DEC), which have virtually eliminated the ability of the petitioners to utilize waterfront real property. The ultimate question to be answered is whether the application of these...

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