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MATTER OF ROCKEFELLER UNIV. v. DEP'T OF ENVTL. PROT. OF THE CITY OF NEW YORK

234 A.D.2d 147 (1996)

651 N.Y.S.2d 45

In the Matter of Rockefeller University, Petitioner, v. Department of Environmental Protection of the City of New York et al., Respondents

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

December 17, 1996

The notice of violation comported with the requirements of due process inasmuch as the statute cited therein sets forth only two grounds for violation, one based upon the darkness of emissions and the other based upon the degree to which vision is obscured regardless of the color of the emission, and the latter was clearly implicated since the notice indicated that the smoke observed by the inspector was white.

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