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MATTER OF VITO v. JORLING

197 A.D.2d 822 (1993)

603 N.Y.S.2d 64

In the Matter of Michael D. Vito, Sr., et al., Petitioners, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

October 28, 1993

Mahoney, J.

Petitioner Michael Don Vito, Sr. (hereinafter petitioner) owns and operates a gasoline filling station in the Town of Colonie, Albany County. Located on the property are eight underground petroleum storage tanks with a total capacity of 25,500 gallons. As a result of the 1983 enactment of controls on the storage of bulk petroleum (ECL 17-1001 et seq.), petitioner was required to and did register...

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