Patchogue Scrap Iron & Metal Co. v. Harris

Appellate Division of the Supreme Court of New York

Patchogue Scrap Iron & Metal Co. v. Harris

114 A.D.2d 414, 494 N.Y.S.2d 841, 1985 N.Y. App. Div. LEXIS 53094

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1985

StatusPublished

This text of 114 A.D.2d 414 (Patchogue Scrap Iron & Metal Co. v. Harris) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patchogue Scrap Iron & Metal Co. v. Harris, 114 A.D.2d 414, 494 N.Y.S.2d 841, 1985 N.Y. App. Div. LEXIS 53094 (N.Y. Ct. App. 1985).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Suffolk County Department of Health Services, dated October 25, 1983, which, after a hearing, found that petitioner had violated the Suffolk County Sanitary Code and ordered petitioner to pay a penalty.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination of the Commissioner is supported by substantial evidence. While it would have been better if the Commissioner had made simple findings of fact as to the storage of hazardous materials, the determination is susceptible to intelligent review without it.

We have reviewed petitioner’s other contentions and find them to be without merit. Lazer, J. P., Mangano, Gibbons and Weinstein, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Suffolk County Department of Health Services, dated October 25, 1983, which, after a hearing, found that petitioner had violated the Suffolk County Sanitary Code and ordered petitioner to pay a penalty.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination of the Commissioner is supported by substantial evidence. While it would have been better if the Commissioner had made simple findings of fact as to the storage of hazardous materials, the determination is susceptible to intelligent review without it.

We have reviewed petitioner’s other contentions and find them to be without merit. Lazer, J. P., Mangano, Gibbons and Weinstein, JJ., concur.

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Bluebook (online)

114 A.D.2d 414, 494 N.Y.S.2d 841, 1985 N.Y. App. Div. LEXIS 53094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patchogue-scrap-iron-metal-co-v-harris-nyappdiv-1985.