Scully v. Jorling

—In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated May 6, 1992, which, after a hearing, inter alia, found the petitioners in violation of ECL articles 15 and 25, and assessed a civil penalty of $15,000, the petitioners appeal from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered April 8, 1993, which dismissed the proceeding and awarded the Commissioner judgment on his counterclaim in the principal sum of $15,000.

Ordered that the judgment is affirmed, with costs.

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