Teplitsky v. Department of Environmental Conservation

Appellate Division of the Supreme Court of New York

Teplitsky v. Department of Environmental Conservation

98 A.D.2d 745, 470 N.Y.S.2d 331, 1983 N.Y. App. Div. LEXIS 21062

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1983·Published·Cited by 1 cases

Opinion

— Proceeding pursuant to CPLR article 78, to review a determination of the respondents, dated November 13,1981, which, after a hearing, denied petitioner’s request to have his property removed from a mapping of tidal wetlands in which it was designated “FC” (formerly connected to tidal wetlands). Proceeding dismissed as academic, without costs or disbursements. Subsequent to the date of the determination in issue, the City of New York presented a petition for the taking by condemnation of the property in question. By order of the Supreme Court, Queens County (Kassoff, J.), dated October 17, 1983, the petition was granted and title to the property was vested in the City of New York. Accordingly, the instant proceeding to review the determination of the respondents must be dismissed as academic, and we need not pass upon the issues raised therein. O’Connor, J. P., Weinstein, Bracken and Niehoff, JJ., concur.

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— Proceeding pursuant to CPLR article 78, to review a determination of the respondents, dated November 13,1981, which, after a hearing, denied petitioner’s request to have his property removed from a mapping of tidal wetlands in which it was designated “FC” (formerly connected to tidal wetlands). Proceeding dismissed as academic, without costs or disbursements. Subsequent to the date of the determination in issue, the City of New York presented a petition for the taking by condemnation of the property in question. By order of the Supreme Court, Queens County (Kassoff, J.), dated October 17, 1983, the petition was granted and title to the property was vested in the City of New York. Accordingly, the instant proceeding to review the determination of the respondents must be dismissed as academic, and we need not pass upon the issues raised therein. O’Connor, J. P., Weinstein, Bracken and Niehoff, JJ., concur.

Teplitsky v. Department of Environmental Conservation, 98 A.D.2d 745, 470 N.Y.S.2d 331, 1983 N.Y. App. Div. LEXIS 21062 (N.Y. Ct. App. 1983).

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98 A.D.2d 745 (Teplitsky v. Department of Environmental Conservation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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