Heller v. City, N.Y. Environmental Ctr. Bd.

Full title: MARK J. HELLER, Appellant, v. CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1998

248 A.D.2d 241 (N.Y. App. Div. 1998)

671 N.Y.S.2d 214

Opinion

March 17, 1998

Appeal from the Supreme Court, New York County (Carol Arber, J.).

We have reviewed the petition de novo as if it had been properly transferred ( see, Matter of Jimenez v. Popolizio, 180 A.D.2d 590), and find that it is supported by substantial evidence. We reject petitioner's argument that waste cannot be present for storage within the meaning of 16 RCNY 8-02 absent a finding of enough waste to fill a single leak-tight container, it being sufficient for purposes of showing a violation of that regulation that waste was present for more than one working day. We have considered petitioner's other arguments and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.