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STATE v. GETTY PETROLEUM CORP

512283

89 A.D.3d 262 (2011)

933 N.Y.S.2d 114

2011 NY Slip Op 7781

STATE OF NEW YORK, Respondent, v. GETTY PETROLEUM CORPORATION et al., Defendants, and M&A REALTY, INC., Appellant.

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

Decided November 3, 2011.

Attorney(s) appearing for the Case

Young, Sommer, Ward, Ritzenberg, Baker & Moore, L.L.C., Albany ( Kirstin Carter Rowe of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Arnold of counsel), for respondent.

PETERS, J.P., SPAIN, STEIN and EGAN JR., JJ., concur.

OPINION OF THE COURT

LAHTINEN, J.

Defendant M&A Realty, Inc. contends that the procedures used to place an environmental lien on its real property were not authorized by the underlying statute (see Navigation Law § 181-a), and that the procedures used violated its due process rights. A gas station has been operated for over 30 years on real property currently owned by M&A in the Town of Hyde Park, Dutchess County. Prior to M&A purchasing...

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