Opinion
November 10, 1986
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Denman, J.P., Boomer, Green, Pine and Balio, JJ.
Judgment unanimously modified on the law to strike the last ordering paragraph and as modified affirmed with costs to petitioners, for reasons stated at Special Term, Doyle, J. Memorandum: We add only that, inasmuch as respondent has no authority over construction on navigable waters of the State, it is anomalous to order it to issue a building permit.