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MATTER OF GREEN THUMB LAWN CARE, INC. v. IWANOWICZ

372 CA 12-01132.

107 A.D.3d 1402 (2013)

967 N.Y.S.2d 542

2013 NY Slip Op 4139

In the Matter of GREEN THUMB LAWN CARE, INC., et al., Appellants, v. PETER M. IWANOWICZ, Acting Commissioner of New York State Department of Environmental Conservation, et al., Respondents. (Appeal No. 1.)

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

Decided June 7, 2013.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the declaration and dismissing that part of the amended petition/complaint seeking declaratory relief and as modified the judgment is affirmed without costs.

Memorandum: These consolidated appeals arise from an administrative proceeding in which the New York State Department of Environmental Conservation (DEC) alleged that Green Thumb Lawn Care, Inc. (Green Thumb...

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