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HUDSON VAL. MAR., INC. v. TOWN OF CORTLANDT

2007-04766

2008 NY Slip Op 07213

HUDSON VALLEY MARINE, INC., respondent, v. TOWN OF CORTLANDT, ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Edmund V. Caplicki, Jr., Lagrangeville, N.Y., for appellants Town of Cortlandt and Barbara Miller, and Clifton Budd & DeMaria, LLP, New York, N.Y. (Kristin M. Burke of counsel), for appellant Robert Colon (one brief filed).

Frooks & Frooks, Mohegan Lake, N.Y. (George P. Frooks of counsel), for respondent.

Before: Steven W. Fisher, J.P., Mark C. Dillon, William E. McCarthy, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff owns and operates a marina on the Hudson River adjacent to Kings Ferry Road in the Town of Cortlandt. On April 19, 2000, the State of New York Department of Environmental Conservation charged the plaintiff with violating the Environmental Control Law by dumping fill into the Hudson River on that day without a permit. The defendant Barbara Miller, the...

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