NEW YORK STATE DEPT. OF ENVTL. CONSERVATION v. SEGRETO

2016-12284. Index No. 3699/11.

169 A.D.3d 813 (2019)

92 N.Y.S.3d 708

2019 NY Slip Op 01084

New York State Department of Environmental Conservation et al., Appellants, v. Anthony J. Segreto, Respondent.

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

Decided February 13, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on the fourth cause of action in the amended complaint is granted, and the matter is remitted to the Supreme Court, Suffolk County, to determine the amount of statutory civil penalties to be imposed.

The defendant is the owner of real property located adjacent to a tidal inlet of the...

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