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MATTER OF B. MANZO & SON, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

285 A.D.2d 504 (2001)

727 N.Y.S.2d 173

In the Matter of B. MANZO & SON, INC., Appellant-Respondent, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents-Appellants.

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

Decided July 9, 2001.

Ordered that on the court's own motion, the notice of cross appeal of the New York State Department of Environmental Conservation and John P. Cahill, as Commissioner, is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order modified, as a matter of discretion in the interest of justice, by deleting the provision thereof denying...

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