Legal Opinion

State v. Getty Petroleum Corp.

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

Decided November 3, 2011PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Lahtinen, J.

Defendant M&A Realty, Inc. contends that the procedures used to place an environmental lien on its real property were not authorized by the underlying statute (see Navigation Law § 181-a), and that the procedures used violated its due process rights. A gas station has been operated for over 30 years on real property currently owned by M&A in the Town of Hyde Park, Dutchess County. Prior to M&A purchasing the property, there had been petroleum discharges in 1979 and 1983 that resulted in the Department of Environmental Conservation (hereinafter DEC) retaining…

2Cases cited18 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Connecticut v. DoehrSupreme Court of the United States · 1991
  3. Riley v. County of BroomeNew York Court of Appeals · 2000
  4. Sutka v. ConnersNew York Court of Appeals · 1989
  5. County of Nassau v. CanavanNew York Court of Appeals · 2003

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3Cited by8 opinions

  1. TD Bank, N.A. v. LeroyAppellate Division of the Supreme Court of the State of New York · 2014
  2. State of New York v. Alfa Laval Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 2017
  4. State of New York v. RajuAppellate Division of the Supreme Court of the State of New York · 2024
  5. TD Bank, N.A. v. LeroyAppellate Division of the Supreme Court of the State of New York · 2014

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