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IN THE MATTER OF VENDITTI v. NEW YORK STATE DEPT OF ENVIRONMENTAL CONSERVATION

57 A.D.3d 685 (2008)

868 N.Y.S.2d 764

In the Matter of ANTHONY VENDITTI et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

December 9, 2008.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Judicial review of an administrative determination made after a hearing required by law, and at which evidence is taken, is limited to whether that determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179 [1978]). Substantial...

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