BERMAN ENTERPRISES, INC. v. JORLING

No. 443, Docket 92-7680.

3 F.3d 602 (1993)

BERMAN ENTERPRISES, INC.; General Marine Transport Corporation; Standard Marine Services, Inc.; Jane Frank Kresch, as Secretary of Berman Enterprises; Evelyn Berman Frank, as Chief Executive Officer of General Marine Transport Corporation and as an Officer of the other named corporations; and Peter M. Frank, as President of General Marine Transport Corporation, Plaintiffs-Appellants, v. Thomas C. JORLING, in his individual capacity and in his official capacity as Commissioner of the New York State Department of Environmental Conservation; and Langdon Marsh, in his individual capacity and in his official capacity as Executive Deputy Commissioner of the New York State Department of Environmental Conservation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 24, 1993.


Attorney(s) appearing for the Case

Christopher Carpentieri, New York City (Stults, Balber, Horton & Slotnik, of counsel), for plaintiffs-appellants.

Gregory J. Nolan, Asst. Atty. Gen. for State of N.Y. (Robert Abrams, Atty. Gen., Jerry Boone, Sol. Gen., of counsel), for defendants-appellees.

Before: CARDAMONE and PRATT, Circuit Judges, and MORRIS E. LASKER, District Judge of the United States District Court for the Southern District of New York, sitting by designation.


GEORGE C. PRATT, Circuit Judge:

Plaintiffs appeal from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, that dismissed their amended complaint, which challenged summary abatement orders issued by defendants under New York Environmental Conservation Law § 71-0301. Berman Enterprises, Inc. v. Jorling, 793 F.Supp. 408 (E.D.N.Y.1992). The orders prohibited...

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