Van DeMark Chemical Co. v. Williams

— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: The findings of the Commissioner of the Department of Environmental Conservation (D.E.C.) that petitioner *1047violated ECL article 19 (ECL 19-0107, subd 3) by negligently causing an emission of hydrogen chloride into the air warranting a civil penalty of $2,500 are supported by substantial evidence (CPLR 7803, subd 4; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181; Matter of Pell v Board of Educ., 34 NY2d 222). Here, following an adjudicatory administrative hearing, the administrative…