Sherwood Medical Co. v. New York State Department of Environmental Conservation

Appeal from a judgment of the Supreme Court (Peters, J.), entered May 6, 1993 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Environmental Conservation imposing a civil penalty for violating certain State regulations governing air emissions.

Petitioner operated a facility in the Village of Sherburne, Chenango County, where it sterilized medical equipment and supplies by exposing them to ethylene oxide (hereinafter EtO) gas in a sealed chamber. Each sterilizing cycle took from 16 to…