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


25 A.D.3d 710 (2006)

807 N.Y.S.2d 314

In the Matter of MICHAEL MATTHEWS, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

January 24, 2006.


Adjudged that the determination is confirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance with ECL 25-0404.

The determination of the respondent, New York State Department of Environmental Conservation, must be confirmed, as it was supported by substantial evidence and was not arbitrary or capricious (see Matter of Grimaldi v New York State Dept. of...

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