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MATTER OF BATH PETROLEUM STORAGE, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

298 A.D.2d 883 (2002)

747 N.Y.S.2d 835

In the Matter of BATH PETROLEUM STORAGE, INC., et al., Respondents, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Appellants.

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

Decided October 1, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying the petition in its entirety, reinstating the interim determination of Deputy Commissioner Carl Johnson dated November 6, 2000 and vacating the third, fourth and fifth decretal paragraphs and as modified the judgment is affirmed without costs.

Memorandum:

Petitioners, Bath Petroleum Storage, Inc. and E.I.L. Petroleum, Inc. (collectively...

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