Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (Robert Lippmann, J.).
Substantial evidence supporting respondent's determination was provided by, inter alia, the testimony of Michael Chang and Daniel Borgenstein, who described the condition of the premises in the course of removing the waste from the area, Joseph Savin, who first encountered the improperly disposed asbestos in trash bags recovered near petitioner's building, and Sergeant McMahon of the Environmental Unit of the Sanitation Department, who took samples of debris from the affected area that tested positive for asbestos (Matter of Pell v Board of Educ., 34 N.Y.2d 222). Given the potential health risks associated with violations of this kind, the penalty was not so disproportionate to be shocking to one's sense of fairness (supra).
Concur — Murphy, P.J., Rosenberger, Kupferman, Nardelli and Mazzarelli, JJ.