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MATTER OF MT. HOPE ASPHALT CORP. v. ZAGATA

248 A.D.2d 540 (1998)

669 N.Y.S.2d 874

In the Matter of Mt. Hope Asphalt Corp., Also Known as Mount Hope Asphalt Corp., et al., Petitioners, v. Michael Zagata, as Commissioner of The Department of Environmental Conservation, et al., Respondents

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

March 16, 1998

Adjudged that the determination is confirmed insofar as reviewed and the proceeding is dismissed, on the merits, with costs.

In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231). The petitioners' contention that the determination of the Commissioner...

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