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MATTER OF CALL-A-HEAD PORTABLE TOILETS, INC. v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

2019-10579. Index No. 707956/19.

213 A.D.3d 842 (2023)

184 N.Y.S.3d 776

2023 NY Slip Op 00862

In the Matter of Call-A-Head Portable Toilets, Inc., et al., Petitioners/Appellants, v. New York State Department of Environmental Conservation et al., Respondents/Respondents.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

The Scher Law Firm, LLP, Carle Place, NY ( Austin Graff of counsel), for petitioners/appellants.

Letitia James , Attorney General, New York, NY ( Judith N. Vale , Ari J. Savitzky , and Sarah E. Coco of counsel), for respondents/respondents.

Duffy, J.P., Rivera, Dowling and Taylor, JJ., concur.

Proceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Department of Environmental Conservation dated March 4, 2019, as adopted the recommendation of an administrative law judge dated February 14, 2018, made after a hearing, sustaining 10 causes of action alleging that the petitioners violated ECL 17-0803 and 25-0401, and related regulations, and imposed a civil penalty in the sum of $300,000, jointly and severally payable by the...

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