Opinion
Argued January 6, 2000
February 24, 2000
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Sanitation of the City of New York, dated March 24, 1998, which, after a hearing, inter alia, ordered that the petitioners cease all fill operations and close the subject site.
Solomon H. Friend, Great Neck, N.Y., for petitioners.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath, Mark P. McIntyre, and Cheryl Payer of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and NANCY E. SMITH, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioners' assertions, the respondent's determination, made after a hearing, that the subject site and any equipment and property at the site should be sealed, secured, and closed until such time as the unacceptable fill material is removed by the petitioners was supported by substantial evidence (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135 ; Matter of Pell v. Board of Educ., 34 N.Y.2d 222 ; Matter of Glinka v. Town of Poughkeepsie, 209 A.D.2d 773 ; Matter of Romano v. Town Bd. of Town of Colonie, 200 A.D.2d 934 ).
The petitioners' remaining contentions are without merit.