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MATTER OF ENVIRO-FILL, INC. v. DOHERTY

269 A.D.2d 529 (2000)

703 N.Y.S.2d 742

In the Matter of ENVIRO-FILL, INC., et al., Petitioners, v. JOHN J. DOHERTY, Respondent.

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

Decided February 22, 2000.

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

Contrary to the petitioners' assertions, the respondent's determination, made after a hearing, that the subject site and any equipment and property at the site should be sealed, secured, and closed until such time as the unacceptable fill material is removed by the petitioners was supported by substantial evidence (see, Matter of Lahey v Kelly,

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