Lake George Park Commission v. Salvador

Appeals (1) from an order of the Supreme Court (Aulisi, J.), entered November 26, 2008 in Warren County, which assessed civil penalties against defendants upon a prior order of said court, and (2) from the judgment entered thereon.

Defendants have owned and operated a marina on Lake George in the Town of Queensbury, Warren County for many years.1 The marina had been operated under a 1982 permit issued by the Department of Environmental Conservation (hereinafter DEC). When governmental oversight of marinas on Lake George was transferred from DEC to plaintiff in the late 1980s, a series of…