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PEOPLE v. CONSOL. EDISON CO. OF NEW YORK, INC.

41 A.D.2d 809 (1973)

The People of the State of New York, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1973

This is an action for a penalty. A statute which prescribes a civil penalty is penal in nature and must be construed strictly in favor of the party against whom the penalty is sought to be imposed. (44 N. Y. Jur., Penalties and Forfeitures, § 8; New York State Thruway Auth. v. Maislin Bros. Transport, 35 A.D.2d 301, 303.) Section 275 (subd. [1], par. [b]) of the Conservation Law, which...

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