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Pierce Yacht Basin Inc. v. Berle

61 A.D.2d 823 Court N.Y. App. Div. Decision date 1978-02-21 English

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p. 823
In the Matter of Pierce Yacht Basin Inc., Petitioner v Peter A. A. Berle, as Commissioner of Environmental Conservation, Respondent.

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 13, 1976 and made after a hearing, which denied petitioner’s

p. 824
application for a moratorium permit. By order dated January 24, 1977 this court directed the respondent, within 180 days thereof, to set a date certain for the termination of the moratorium on alteration of tidal wetlands pursuant to ECL 25-0202 and the proceeding has been held in abeyance in the interim (Matter of Pierce Yacht Basin v Berle, 55 AD2d 935 ). Appropriate regulations have been filed. Proceeding dismissed as academic, without costs or disbursements (cf. Matter of Russo v New York State Dept. of Environmental Conservation, 61 AD2d 824 ). Hopkins, J. P., Martuscello, Damiani and Cohalan, JJ., concur.