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Murtaugh v. New York State Department of Environmental Conservation

134 A.D.3d 1392 Court N.Y. App. Div. Decision date 2015-12-23 Docket Appeal No. 1 English

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p. 1392
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.
(Appeal No. 1.)
[20 NYS3d 924]

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 [1990]). Present — Scudder, P.J., Smith, Carni, Lindley and Valentino, JJ.