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MATTER OF GIAMBRONE v. GRANNIS

TP 11-00377.

88 A.D.3d 1272 (2011)

930 N.Y.S.2d 735

2011 NY Slip Op 7097

In the Matter of DOUGLAS J. GIAMBRONE et al., Petitioners, v. ALEXANDER B. GRANNIS, Commissioner, New York State Department of Environmental Conservation, et al., Respondents.

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

Decided October 7, 2011.

It is hereby ordered that the determination is unanimously modified on the law and in the exercise of discretion and the petition is granted in part by reducing the penalty to $25,000, and as modified the determination is confirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of respondent New York State Department of Environmental Conservation (DEC) dated March 17, 2010 that, inter alia, imposed...

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