Opinion
July 12, 1985
Appeal from the Supreme Court, Onondaga County, Donovan, J.
Present — Dillon, P.J., Callahan, Boomer, Green and Schnepp, JJ.
Determination unanimously confirmed, petition dismissed, without costs, and stay vacated. Memorandum: The record contains substantial evidence to support the determination that petitioners twice placed fill in the navigable water of Skaneateles Lake without a permit ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; ECL 15-0505; 6 NYCRR 608.4).
The $7,500 civil penalty imposed was not so disproportionate to the offenses as to shock one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; Matter of Haz-O-Waste Corp. v. Williams, 103 A.D.2d 1001; ECL 71-1107). The penalty was less than the maximum for two violations and was imposed not only to punish petitioners, but also to deter future violations. Accordingly, the stay of enforcement of the penalty must be vacated ( see, CPLR 7805). We have considered the remaining claims raised by petitioners and have found them lacking in merit.