Scott v. Department of Environmental Conservation

Determination unanimously confirmed, petition dismissed, without costs, and stay vacated. Memorandum: The record contains substantial evidence to support the determination that petitioners twice placed fill in the navigable water of Skaneateles Lake without a permit (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; ECL 15-0505 [1]; 6 NYCRR 608.4).

The $7,500 civil penalty imposed was not so disproportionate to the offenses as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Haz-O-Waste Corp. v Williams, 103 AD2d 1001;…