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IN THE MATTER OF CROMPTON COLORS, INCORPORATED

No. A-0778-09T1.

IN THE MATTER OF CROMPTON COLORS, INCORPORATED.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2011.

Attorney(s) appearing for the Case

Curtis L. Michael argued the cause for appellant 50 West Street, LLC (Horowitz, Rubino & Patton, attorneys; Mr. Michael, of counsel and on the brief).

Joanna E. Grayer , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Paula T. Dow , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Grayer , on the brief).

Before Judges Fuentes, Ashrafi and Nugent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Appellant, 50 West Street, LLC, a subsidiary of Hartz Mountain Industries and the former landlord of Crompton Colors, appeals the action of the New Jersey Department of Environmental Protection (DEP) rescinding a No Further Action (NFA) letter issued in 2002, and denying appellant's request for a hearing to contest the rescission. We remand for a hearing.

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