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MATTER OF ZACCARO v. CAHILL

100 N.Y.2d 884 (2003)

800 N.E.2d 1096

768 N.Y.S.2d 730

In the Matter of LOUISE ZACCARO, as Executor of FRANK ZACCARO, Deceased, Appellant, v. JOHN P. CAHILL, as Commissioner of Environmental Conservation, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 2003.

Attorney(s) appearing for the Case

Esseks, Hefter & Angel, Riverhead (Stephen R. Angel and Anthony C. Pasca of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Peter Lehner, Caitlin J. Halligan, Daniel Smirlock, Denise A. Hartman, John Sipos and Lawrence A. Rappoport of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

The principal issue in this appeal is whether due process requires actual notice before the New York State Department of Environmental Conservation (DEC) designates a landowner's property as a wetland and places it on a freshwater wetlands map. We hold that actual notice is not required so long as DEC complies with the statutory notice provisions of ECL 24-0301 (4) and (5), which...

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