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THOMPSON CORNERS v. NYS DEC

516042

119 A.D.3d 81 (2014)

986 N.Y.S.2d 258

In the Matter of THOMPSON CORNERS, LLC, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided May 15, 2014.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, LLP, Albany ( John J. Henry of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Denise Hartman of counsel), for respondents.

PETERS, P.J., McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

STEIN, J.

In this CPLR article 78 proceeding, the issue before us — apparently one of first impression in the courts of this state — is whether a subsequent owner of property formerly used as a permitted hazardous waste treatment, storage or disposal (hereinafter TSD) facility is subject to the requirement set forth in ECL article 27, title 9 and the regulations enacted by respondent Department of Environmental Conservation...

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