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MATTER OF 2589 WESTSIDE MARKET, LLC v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

15812, 101531/13

133 A.D.3d 487 (2015)

23 N.Y.S.3d 1

2015 NY Slip Op 08341

In the Matter of 2589 WESTSIDE MARKET, LLC, Petitioner, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

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

Decided November 17, 2015.

Determination of Environmental Control Board of the City of New York (ECB), dated August 29, 2013, which reversed the decision of an Administrative Law Judge (ALJ) dismissing a notice of violation (NOV) issued by respondent New York City Department of Environmental Protection (DEP) against petitioner for violation of Administrative Code of City of NY § 24-227 (b), unanimously annulled, without costs, and the petition brought pursuant to CPLR article 78 (transferred to...

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