Matter of Murtaugh v New York State Dept. of Envtl. Conservation
2015 NY Slip Op 09452 [134 AD3d 1392]
December 23, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2016


[*1]
 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.)

Brickwedde Law Firm, Syracuse (Kevin C. Murphy of counsel), for petitioners-appellants.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondents-respondents.

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.