MATTER OF KELLEHER v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

2015-09522 Index No. 2631/09.

159 A.D.3d 822 (2018)

69 N.Y.S.3d 832

2018 NY Slip Op 01606

In the Matter of DENIS P. KELLEHER et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

Decided March 14, 2018.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The real property at issue on this appeal is a parcel consisting of 17,334 square feet located on Westminster Road, in the Town of Southampton, and bordering Calf Creek, a tributary of Mecox Bay. On December 24, 2008, the petitioners' application to construct a single-family house with accompanying septic system on the property was denied by the Department of Environmental Conservation of...

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