← Cases

Wagstaff Realty Corp. v. Flacke

94 A.D.2d 704 Court N.Y. App. Div. Decision date 1983-05-02 English

Contents

Majority

p. 704
In the Matter of Wagstaff Realty Corp., Petitioner, v Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Environmental Conservation, dated April 29, 1982, which found that petitioner had violated a condition of a dredging permit and assessed a civil penalty in the amount of $1,000. Determination confirmed and proceeding dismissed on the merits, with costs. Based upon a reading of the entire record, we find that the determination under review is supported by substantial evidence and accordingly, it is confirmed (see Matter of Purdy v Kreisberg, 47 NY2d 354 , 358). We have considered petitioner’s remaining contentions and find that they do not warrant the annulment of the determination. Mangano, J. P., Brown, Rubin and Boyers, JJ., concur.

Cases cited