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MATTER OF SHELLFISH, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

2009-07068

76 A.D.3d 975 (2010)

908 N.Y.S.2d 53

In the Matter of SHELLFISH, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided September 14, 2010.

Ordered that the order and judgment is affirmed, with costs.

This case involves a claim by the petitioner, Shellfish, Inc. (hereinafter Shellfish), that the New York State Department of Environmental Conservation (hereinafter the DEC) improperly allowed the expiration of certain surf clam permits authorizing Shellfish to employ certain specific oceangoing vessels to harvest surf clams and ocean quahogs during 2007 (hereinafter the 2007 permits), and declined to issue...

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