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MATTER OF HUNTINGTON AND KILDARE, INC. v. GRANNIS

512100.

89 A.D.3d 1195 (2011)

932 N.Y.S.2d 558

2011 NY Slip Op 7774

In the Matter of HUNTINGTON AND KILDARE, INC., et al., Petitioners, v. ALEXANDER B. GRANNIS, as Commissioner of Environmental Conservation, Respondent.

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

Decided November 3, 2011.

MALONE JR., J.

Petitioner Metz Family Enterprises, LLC (hereinafter MFE) is the successor in interest of petitioner Huntington & Kildare, Inc. (hereinafter H&K) to a parcel of property located in the Town of Germantown, Columbia County that contains underground storage tanks that were used for the storage of petroleum products. In 2005, the Department of Environmental Conservation (hereinafter DEC) commenced an administrative enforcement proceeding against...

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