Matter of Murtaugh v New York State Dept. of Envtl. Conservation
2007 NY Slip Op 06086 [42 AD3d 989]
July 18, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


In the Matter of Gail Murtaugh, Individually and Doing Business as Crosby Hill Auto Recycling et al., Appellants, v New York State Department of Environmental Conservation et al., Respondents. (Proceeding No. 1.) State of New York et al., Respondents,
v
Gail D. Murtaugh, Individually and Doing Business as Crosby Hill Auto Recycling, et al., Appellants, et al., Defendants-Respondents. (Proceeding No. 2.) (Appeal No. 2.)

—[*1] Brickwedde Law Firm, Syracuse (Richard J. Brickwedde of counsel), for petitioners-appellants and defendants-respondents-appellants.

Andrew M. Cuomo, Attorney General, Albany (Maureen F. Leary of counsel), for respondents-respondents and plaintiffs-petitioners-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered August 30, 2006. The order, among other things, directed petitioners in proceeding No. 1 to cease all car processing activities at a certain site and enjoined petitioners from interfering with the actions of respondent New York State Department of Environmental Conversation and its contractors in investigating and remediating certain sites.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. [*2]

Same memorandum as in Matter of Murtaugh v New York State Dept. of Envtl. Conservation (42 AD3d 986 [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.