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In re Green Thumb Lawn Care, Inc.

Supreme Court of New York, Fourth Department

June 7, 2013

IN THE MATTER OF GREEN THUMB LAWN CARE, INC. AND JOHN KNUTSON, PH.D., PETITIONERS-APPELLANTS,
v.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

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.

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.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND SCONIERS, JJ.

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 ([appeal No. 1] __ A.D.3d __ [).


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