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MATTER OF SCOTT v. DEP'T OF ENVTL. CONSERVATION OF THE STATE OF NEW YORK

112 A.D.2d 726 (1985)

In the Matter of Roger Scott et al., Petitioners, v. Department of Environmental Conservation of the State of New York, et al., Respondents

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

July 12, 1985

Determination unanimously confirmed, petition dismissed, without costs, and stay vacated.

Memorandum:

The record contains substantial evidence to support the determination that petitioners twice placed fill in the navigable water of Skaneateles Lake without a permit (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176; ECL 15-0505 [1]; 6 NYCRR 608.4).

The $7,500 civil penalty imposed...

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