Bath Petroleum Storage, Inc. v. New York State Department of Environmental Conservation

—Appeal from a judgment (denominated order) of Supreme Court, Livingston County (Cornelius, J.), entered October 2, 2001, which granted the petition in part and, inter alia, annulled the November 6, 2000 administrative determination of Deputy Commissioner Carl Johnson.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying the petition in its entirety, reinstating the interim determination of Deputy Commissioner Carl Johnson dated November 6, 2000 and vacating the third, fourth and fifth decretal paragraphs and as modified…