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Matter of Wilson v. Dept. of Envtl. Conserv

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1988
136 A.D.2d 647 (N.Y. App. Div. 1988)

Opinion

January 19, 1988


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We find that the Department of Environmental Conservation (hereinafter the department) thoroughly examined and evaluated all possible environmental concerns, and amply satisfied the requirement that it take a "hard look" at such concerns and give a "reasoned elaboration" for its determination (Aldrich v Pattison, 107 A.D.2d 258, 263-265; Horn v International Business Machs. Corp., 110 A.D.2d 87, 93, lv denied 67 N.Y.2d 602). In addition, the respondent Commissioner correctly conditioned the grant of the permit on the applicant's obtaining approval from the Suffolk County Department of Health Services for the septic system proposed to be located on her property (cf., Matter of Tehan v Scrivani, 97 A.D.2d 769, 770).

We have considered the petitioners' remaining arguments and find them to be without merit. Mangano, J.P., Bracken, Eiber and Harwood, JJ., concur.


Summaries of

Matter of Wilson v. Dept. of Envtl. Conserv

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1988
136 A.D.2d 647 (N.Y. App. Div. 1988)
Case details for

Matter of Wilson v. Dept. of Envtl. Conserv

Case Details

Full title:In the Matter of BARRY WILSON et al., Petitioners, v. DEPARTMENT OF…

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

Date published: Jan 19, 1988

Citations

136 A.D.2d 647 (N.Y. App. Div. 1988)

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