State v. Hubbard

In an action for a permanent injunction and the assessment of civil penalties pursuant to ECL 71-0301, based on a violation of an order of the appellant Commissioner of the Department of Environmental Conservation suspending the right of the respondents to operate a solid waste management facility, the appeal is from so much of an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 10, 1985, as denied the appellants’ motion to discontinue the action pursuant to CPLR 3217 (b) and, as, upon reargument, adhered to its prior determination denying a protective order with respect to…