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STATE OF NEW YORK v. ACKLEY

289 A.D.2d 812 (2001)

734 N.Y.S.2d 722

STATE OF NEW YORK, Respondent, v. ROBERT P. ACKLEY et al., as Coexecutors of ROBERT H. ACKLEY, Deceased, et al., Appellants, et al., Defendant.

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

Decided December 20, 2001.

Peters, J.

As a result of an underground gasoline spill discovered on September 3, 1986 at a gas station owned by Robert H. Ackley (hereinafter decedent), decedent retained the services of Larry Tyree, Inc., an environmental contractor, to assist with remediation efforts. By September 26, 1986, however, decedent advised plaintiff that he could no longer afford the costs. On October 7, 1986, the Department of Environmental Conservation (hereinafter DEC) advised decedent...

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