Longwood Associates, LLC v. New York State Department of Environmental Conservation
Opinion of the Court
Order, Supreme Court, Bronx County (Mary Ann Brigantti
Supreme Court lacked the authority to modify the administrative penalty since it dismissed the petition as time-barred (see Matter of Van Cortlandt Park Dodge v Commissioner of Dept. of Consumer Affairs of City of N.Y., 178 AD2d 234, 235 [1991]). The reduction of the penalty was also improper because the original penalty did not shock the conscience (see e.g. Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]), particularly where Supreme Court had concluded that it was “very reasonable.” Furthermore, although during settlement discussions respondent had offered to reduce the penalty to $100,000, this is not a basis on which to reduce the penalty. Concur — Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.