Matter of Murtaugh v New York State Dept. of Envtl. Conservation

Matter of Murtaugh v New York State Dept. of Envtl. Conservation 2015 NY Slip Op 09452 Decided on December 23, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND VALENTINO, JJ.
1124 CA 14-02060

[*1]IN THE MATTER OF GAIL MURTAUGH, INDIVIDUALLY AND DOING BUSINESS AS CROSBY HILL AUTO RECYCLING, RICHARD R. MURTAUGH AND MURTAUGH RECYCLING CORP., PETITIONERS-APPELLANTS,

v

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DENISE M. SHEEHAN, COMMISSIONER, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.)

BRICKWEDDE LAW FIRM, SYRACUSE (KEVIN C. MURPHY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. ARNOLD OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered January 22, 2014 in a proceeding pursuant to CPLR article 78. The order, among other things, denied petitioners' cross motion to dismiss the counterclaims.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985).

Entered: December 23, 2015

Frances E. Cafarell

Clerk of the Court