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MATTER OF RGLL, INC. v. GRANNIS

512457.

90 A.D.3d 1221 (2011)

935 N.Y.S.2d 345

2011 NY Slip Op 8882

In the Matter of RGLL, INC., Petitioner, v. ALEXANDER B. GRANNIS, as Commissioner of Environmental Conservation, Respondent.

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

Decided December 8, 2011.

ROSE, J.

The Department of Environmental Conservation (hereinafter DEC) brought an enforcement proceeding against petitioner in January 2006 alleging that, as owner and operator of an underground storage tank (hereinafter UST) at a closed gas station, petitioner was in violation of ECL article 17 and its accompanying regulations even though petitioner was not the owner of the real property. When settlement negotiations failed, DEC amended the complaint to allege additional...

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