MATTER OF MURTAUGH v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

1125 CA 14-02061.

134 A.D.3d 1392 (2015)

23 N.Y.S.3d 758

2015 NY Slip Op 09453

In the Matter of GAIL MURTAUGH, Individually and Doing Business as CROSBY HILL AUTO RECYCLING, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. (Appeal No. 2.)

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

Decided December 23, 2015.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: This appeal arises from a CPLR article 78 proceeding seeking various forms of relief, including the reversal of a summary abatement order (SAO) issued by respondent Denise M. Sheehan, Commissioner of respondent New York State Department of Environmental Conservation (DEC). Respondents answered and raised, inter alia, a series of counterclaims. Petitioners submitted...

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