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MATTER OF DANIELLO CARTING CO., LLC v. ENVIRONMENTAL CONTROL BOARD OF CITY OF NEW YORK

2010-02488.

84 A.D.3d 799 (2011)

922 N.Y.S.2d 512

In the Matter of DANIELLO CARTING CO., LLC, Respondent, v. ENVIRONMENTAL CONTROL BOARD OF CITY OF NEW YORK et al., Appellants.

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

Decided May 3, 2011.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to vacate the default judgments entered on notices of violation numbered 114040200, 123613537, 123620310, 134369108, 139548696, and 155617340 is denied in its entirety, and the proceeding is dismissed on the merits.

The Supreme Court erred in granting the petition to the extent of vacating the default judgments entered on notices of violation...

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