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IN THE MATTER OF NILSSON v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

28 A.D.3d 773 (2006)

814 N.Y.S.2d 677

In the Matter of S. ELOF NILSSON et al., Appellants, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF CITY OF NEW YORK, Respondent.

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

April 25, 2006.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the respondent is directed to grant the variance requested with respect to the construction of an alternate subsurface septic treatment system proposed for the subject parcel.

The petitioners are owners of a 3.73-acre, partially-sloped parcel of land located in a reservoir drainage basin within the New York City watershed. The petitioners...

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