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STATE OF NY v. MONOCO OIL CO.

185 Misc.2d 742 (2000)

713 N.Y.S.2d 440

STATE OF NEW YORK et al., Plaintiffs, v. MONOCO OIL COMPANY, INC., et al., Defendants.

Supreme Court, Monroe County.

February 25, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Christopher A. Amato, J. Jared Snyder and Michael J. Meyers of counsel), for State of New York and another, plaintiffs.

Harris, Beach & Wilcox, L. L. P., Rochester (Joseph D. Picciotti of counsel), for Town of Pittsford, plaintiff.

Jaeckle Fleischmann & Mugel, L. L. P., Buffalo (John T. Kolaga, Steven J. Ricca and Lawrence C. DiGiulio of counsel), for defendants.

OPINION OF THE COURT

EVELYN FRAZEE, J.

Procedural Background

This matter is before the court on an order to show cause brought by plaintiffs State of New York and New York State Department of Environmental Conservation (State or DEC). The State alleges a public nuisance and seeks a preliminary injunction enjoining the defendants1 from accepting, receiving or storing any additional asphalt, asphalt emulsion or other...

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