Legal Opinion

Carney's Restaurant, Inc. v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2011PublishedCited by 4 opinions

1Opinion of the CourtMalone Jr., J.

Petitioner Robert Carney is the sole shareholder, officer and director of petitioner Carney’s Restaurant, Inc. (hereinafter the restaurant), which is located in a historic building in Saratoga County. Petitioners applied for a State Pollutant Discharge Elimination System (hereinafter SPDES) permit to install a septic system for the restaurant that would discharge effluent into the surface water of a tributary of Ballston Lake. The *1251permit issued to petitioners by respondent Department of Environmental Conservation (hereinafter DEC) in 1993 contained, among other things, effluent limitations…

2Cases cited9 opinions

  1. Block v. AmbachNew York Court of Appeals · 1989
  2. Levine v. New York State Liquor AuthorityNew York Court of Appeals · 1969
  3. Riverkeeper, Inc. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2008
  4. Ostad v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2007
  5. City of Saratoga Springs v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by4 opinions

  1. Matter of Supreme Energy, LLC v. MartensAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Zahav Enters., Inc. v. MartensAppellate Division of the Supreme Court of the State of New York · 2017
  3. State of New York v. C & J Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2020
  4. State v. JonesLouisiana Court of Appeal · 2012

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