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  5. 223 A.D.2d 591 (1996)
 

MATTER OF MB RECYCLING UNLIMITED, INC. v. JORLING

223 A.D.2d 591 (1996)

636 N.Y.S.2d 818

In the Matter of MB Recycling Unlimited, Inc., Petitioner, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation of the State of New York, Respondent

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

January 16, 1996

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs, and it is further,

Ordered that the respondent's counterclaim is severed and remitted to the Supreme Court, Nassau County, for the entry of an appropriate judgment in favor of the respondent.

After a hearing before an Administrative Law Judge (hereinafter ALJ), the Commissioner of the New York State Department of Environmental Conservation (hereinafter the...

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