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PEOPLE v. PORT DISTRIB CORP.

114 A.D.2d 259 (1986)

The People of the State of New York et al., Appellants, v. Port Distributing Corp. et al., Respondents

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

February 20, 1986

Attorney(s) appearing for the Case

William J. Caplow of counsel (James A. Sevinsky and Ezra I. Bialik with him on the brief; Robert Abrams, Attorney-General, and Robert Hermann, Solicitor General, attorneys), for appellants.

Larry Hutcher of counsel (Stein, Davidoff & Malito, attorneys), for respondents.

KUPFERMAN, J. P., SULLIVAN, FEIN and MILONAS, JJ., concur.

ROSS, J.

The parties to this appeal inform us that this case presents us with an appellate issue of first impression: did Trial Term abuse its discretion, when it granted a motion to dismiss the action, brought by the Attorney-General (AG) of the State of New York, on behalf of the People of the State of New York and the New York State Department of Environmental Conservation (DEC), to enforce provisions of...

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