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

31 A.D.3d 645 (2006)

820 N.Y.S.2d 77

In the Matter of PAUL PALMIERI, 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.

July 18, 2006.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court, in effect, determined that the petitioner's wetlands permit application was complete. However, the fact that an application is complete does not preclude the Department of Environmental Conservation (hereinafter the DEC) from requesting supplemental information, including an on-site inspection, during the postcompletion review of an application (see 6 NYCRR 621.1...

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