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MATTER OF STROBEL v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

1148 CA 13-00572.

111 A.D.3d 1402 (2013)

974 N.Y.S.2d 861

2013 NY Slip Op 7610

In the Matter of GERALD STROBEL et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided November 15, 2013.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 1, 2012 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding alleging, inter alia, that respondents acted in an arbitrary and capricious manner in issuing a permit for and undertaking the...

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