Judgment modified, on the law, by deleting the third decretal paragraph thereof, which directs defendants to make an application to the State Department of Environmental Conservation, and substituting therefor a provision that defendants need not make such an application. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.
The defendant Nick Bros. Fuel Oil Corp. (Nick Bros.) is the owner of a parcel of real property in the hamlet...
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