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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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