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MATTER OF CARNEY'S REST, INC. v. STATE

511028.

89 A.D.3d 1250 (2011)

933 N.Y.S.2d 120

2011 NY Slip Op 7889

In the Matter of CARNEY'S RESTAURANT, INC., et al., Petitioners, v. STATE OF NEW YORK et al., Respondents.

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

Decided November 10, 2011.

MALONE JR., J.

Petitioner Robert Carney is the sole shareholder, officer and director of petitioner Carney's Restaurant, Inc. (hereinafter the restaurant), which is located in a historic building in Saratoga County. Petitioners applied for a State Pollutant Discharge Elimination System (hereinafter SPDES) permit to install a septic system for the restaurant that would discharge effluent into the surface water of a tributary of Ballston Lake. The

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