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MATTER OF MERRICK AUTO SERVICE, INC. v. GRANNIS

2009-05905.

82 A.D.3d 895 (2011)

919 N.Y.S.2d 173

In the Matter of MERRICK AUTO SERVICE, INC., Respondent, v. ALEXANDER B. GRANNIS, as Commissioner of the New York State Department of Environmental Conservation, et al., Appellants.

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

Decided March 8, 2011.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner operates a Sunoco filling station in Merrick where it stores petroleum in underground fiberglass storage tanks. In 2006, after one of the tanks developed a crack and leaked, the petitioner arranged for the remaining tanks to be relined with a thick layer of fiberglass as a precautionary measure and under the manufacturer's supervision. The offending tank...

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