Ordered that the judgment is affirmed, with costs.
By decision dated December 24, 2002 the Supreme Court determined to grant that branch of the motion of the New York State Department of Environmental Conservation and Erin M. Crotty, Commissioner of the New York State Department of Environmental Conservation (hereinafter together NYSDEC), which was to dismiss the proceeding as time-barred. Although NYSDEC did not establish good cause excusing its failure to settle...
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