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CAHILL v. HARTER

277 A.D.2d 655 (2000)

716 N.Y.S.2d 447

JOHN CAHILL, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents, v. MICHAEL P. HARTER et al., Appellants.

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

Decided November 16, 2000.

Spain, J.

Defendant Harvey Sand and Gravel, Inc. and its president, defendant Michael P. Harter, operate a mining site in the Town of Oneonta, Otsego County. In October 1991, defendants and plaintiff Department of Environmental Conservation (hereinafter DEC) entered into a consent order which resolved issues concerning defendants' violations of ECL article 23. Thereafter, in late 1993, DEC commenced an administrative enforcement proceeding alleging that defendants...

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