MATTER OF CHESTER INDUSTRIAL PARK ASSOCIATES, LP v. CAHILL


295 A.D.2d 508 (2002)

744 N.Y.S.2d 676

In the Matter of CHESTER INDUSTRIAL PARK ASSOCIATES, LP, et al., Petitioners, v. JOHN B. CAHILL, as Commissioner of the New York State Department of Environmental Conservation, Respondent.

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

Decided June 17, 2002.


Adjudged that the petition is granted, on the law, to the extent that the penalty imposed upon each petitioner is reduced from $500,000 to $270,000, the petition is otherwise denied, and the determination is otherwise confirmed, without costs or disbursements.

The New York State Department of Environmental Conservation charged the petitioners with 90 violations of ECL article 24, based upon allegations that, "on approximately ninety (90) separate occasions," they...

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