Matter of Green Thumb Lawn Care, Inc. v New York State Dept. of Envtl. Conservation
2013 NY Slip Op 04140 [107 AD3d 1406]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


In the Matter of Green Thumb Lawn Care, Inc., et al., Appellants, v New York State Department of Environmental Conservation, Respondent. (Appeal No. 2.)

—[*1] Michael A. Deem, Ossining, Hancock Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for petitioners-appellants.

Eric T. Schneiderman, Attorney General, Albany (Andrew G. Frank of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered April 18, 2012 in a CPLR article 78 proceeding. The judgment granted the motion of respondent to dismiss the petition and dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Green Thumb Lawn Care, Inc. v Iwanowicz (107 AD3d 1402 [2013]). Present—Scudder, P.J., Smith, Centra, Carni and Sconiers, JJ.