MATTER OF GABRIELLI v. TOWN OF NEW PALTZ

517051.

116 A.D.3d 1315 (2014)

984 N.Y.S.2d 468

2014 NY Slip Op 2826

In the Matter of ROBERT GABRIELLI et al., Respondents, v. TOWN OF NEW PALTZ et al., Appellants.

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

Decided April 24, 2014.


Garry, J.

In 2005, respondent Town Board of the Town of New Paltz (hereinafter Board) enacted a local law to prevent the "despoliation and destruction of wetlands, waterbodies and watercourses." In 2007, Supreme Court (Egan Jr., J.) annulled that enactment based upon the failure to comply with General Municipal Law § 239-m. The Board thereafter undertook redrafting of the 2005 law by, among other things, designating itself as the lead agency for the purpose of...

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