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NEW YORK STATE DEP'T OF ENVTL. CONSERVATION v. DAMICO

130 A.D.2d 974 (1987)

New York State Department of Environmental Conservation, Appellant, v. Vincent Damico, Respondent

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

May 22, 1987

Order unanimously reversed, on the law, without costs, and petition granted.

Memorandum:

Respondent owns an inactive hazardous waste site in Spencerport, New York. In 1985, the Department of Environmental Conservation (DEC) advised respondent that its agents intended to enter the site to conduct a field inspection and investigation to enable it to classify the site, pursuant to ECL article 27. When the DEC agents arrived, respondent and his counsel refused...

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