Matter of Zazulka v New York State Department of Environ
Motion No: 2005-02521
Slip Opinion No: 2006 NYSlipOp 68367(U)
Decided on May 4, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39258

E/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-02521

In the Matter of Brian Zazulka, petitioner, v

New York State Department of Environmental

Conservation, et al., respondents.

(Index No. 80046/05)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated January 24, 2006, which determined a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated December 7, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court