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In the Matter of Pierce Yacht Basin Inc. v. Peter A. A. Berle, as Commissioner of Environmental Conservation
Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 13, 1976 and made after a hearing, which denied petitioner’s
[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.