Oil Co. v. New York State Department of Environmental Conservation
Cases that cite this one
2 later published cases cite this decision.
- Matter of Call-A-Head Portable Toilets, Inc. v. New York State Dept. of Envtl. Conservation (Appellate Division of the Supreme Court of New York 2023)
- Hansen v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Environmental Conservation dated July 9, 1998, which adopted the findings, conclusions, and recommendations of an Administrative Law Judge finding, after a hearing, that the petitioners violated the Navigation Law and certain water, air, and tidal wetlands regulations and imposed a penalty in the sum of $3,499,680.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Following an administrative hearing, the respondent New York State Department of Environmental Conservation (hereinafter the DEC) adopted the findings of an Administrative Law Judge (hereinafter ALJ) and determined that the petitioners had committed over 18,000 violations of New York State’s environmental and navigation laws and regulations.
The findings of the ALJ as adopted by the DEC are supported by substantial evidence in the record (see, Matter of Berenhaus v Ward, 70 NY2d 436; Matter of DiCairano v Gandolfo, 201 AD2d 727).
In addition, the penalty imposed is not excessive. It is well settled that the power of this Court to review administrative
The petitioners remaining contentions are either without merit, time-barred, or not properly before this Court. Bracken, J. P., Thompson, Altman and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.