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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION v. O'NEILL

273 A.D.2d 852 (2000)

709 N.Y.S.2d 280

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents, v. MICHAEL D. O'NEILL et al., Appellants.

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

Decided June 16, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiffs' motion seeking summary judgment and dismissal of the affirmative defenses and counterclaims, thereby enforcing the parties' consent order (see, Williams v Ludlow's Sand & Gravel Co., 122 A.D.2d 612, 614, lv dismissed 68 N.Y.2d 997). Defendants operated a compost facility in the Town of Cato in Cayuga County...

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