Appellate Division of the Supreme Court of the State of New York September 25, 1995 (Steck v. Jorling)

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated March 29, 1993, which adopted, in part, the recommendation of an Administrative Law Judge, made after a hearing, inter alia, finding that the petitioners had operated a solid-waste management facility without a permit, (1) the petitioner