Cahill v. Harter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeals (1) from an order of the Supreme Court (Dowd, J.), entered November 12, 1999 in Otsego County, which, inter alia, granted plaintiffs’ motion for summary judgment, and (2) from an order of said court, entered March 2, 2000 in Otsego County, which granted plaintiffs’ motion for additional civil penalties against defendants.
Defendant Harvey Sand and Gravel, Inc. and its president, defendant Michael P. Harter, operate a mining site in the Town of Oneonta, Otsego County. In October 1991, defendants and plaintiff Department of Environmental Conservation (hereinafter DEC) entered into a…
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