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MATTER OF BROOKLYN RESOURCE RECOVERY, INC. v. CITY OF NEW YORK

11 A.D.3d 682 (2004)

783 N.Y.S.2d 655

In the Matter of BROOKLYN RESOURCE RECOVERY, INC., Petitioner, v CITY OF NEW YORK et al., Respondents.

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

October 25, 2004.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner processes scrap metal, including automobiles. For several years, the New York City Department of Environmental Protection (hereinafter the DEP) issued numerous violations and orders to the petitioner regarding the improper discharge of gasoline and other toxic substances into the public sewer. As a result, a hearing was held...

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