Champagne v. New York State Department of Environmental Conservation

Peters, J.P.

Appeal from a judgment of the Supreme Court (Muller, J.), entered April 6, 2009 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner U-Save Tire, Inc. is a waste tire storage facility located in the Town of Plattsburgh, Clinton County on property owned by petitioner Edward Champagne Jr., who is also a shareholder of the corporation and the managing operator of the facility. After it was determined that the facility, which housed over 200,000 tires, was in violation of petitioners’ solid waste…