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NANCO ENVTL SERVS v. JORLING

172 A.D.2d 1 (1991)

In the Matter of NANCO Environmental Services, Inc., Doing Business as NANCO Laboratories or NANCO Labs, Respondent, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation, et al., Appellants

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

November 27, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Patrick Barnett-Mulligan of counsel), for appellants.

Paul M. Whitaker for respondent.

MAHONEY, P. J., WEISS, YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

Petitioner is an environmental laboratory engaged primarily in the testing and analyzing of soil and water samples taken from suspected hazardous waste disposal sites or other potentially contaminated areas. At all times relevant herein, petitioner was certified by the Department of Health (hereinafter DOH) under Public Health Law § 502 (1) to conduct the testing, evaluation and analysis performed...

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