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DEC v. COX

12 Misc.3d 995 (2006)

815 N.Y.S.2d 810

In the Matter of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Petitioner, v. JACK COX, Respondent.

Supreme Court, Rensselaer County.

April 24, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Karen R. Kaufmann of counsel), for petitioner.

Pentkowski, Pastore & Freestone, Clifton Park (David H. Pentkowski of counsel), for respondent.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Petitioner New York State Department of Environmental Conservation (DEC) commenced this proceeding pursuant to Environmental Conservation Law § 71-2727 to enforce the provisions of article 27 of the ECL governing hazardous waste remediation at property owned and occupied by the respondent Jack Cox and where he operates "Jack's Auto Parts." DEC seeks an...

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