MATTER OF ZAHAV ENTERPRISES, INC. PETITIONERS/plf-ap, v. JOSEPH MARTENS, ETC. RESPONDENTS/def-res, ET AL., RESPONDENTS/def — (INDEX NO. 28984/11)In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the New York State Department of Environmental Conservation dated October 24, 2011, finding that the petitioner/plaintiff Zahav Enterprises, Inc., violated articles of the Environmental Conservation Law and the Navigation Law and imposing a civil penalty, and action for a judgment declaring that a stipulation dated January 27, 2010, is void and that the respondent/defendant John K. Urda violated Public Officers Law §74(3)(d) and (f), the petitioners/plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Schack, J.), dated November 25, 2014, which granted those branches of the motion of the respondents/defendants Joseph Martens, the New York State Department of Environmental Conservation, and John K. Urda which were pursuant to CPLR 3211(a) to dismiss so much of the petition/complaint as sought relief pursuant to CPLR article 78 insofar as asserted against them, for summary judgment, in effect, declaring that the stipulation dated January 27, 2010, is valid, and that the respondent/defendant John K. Urda did not violate Public Officers Law §74(3)(d) and (f), and, in effect, dismissed so much of the petition/complaint as sought relief pursuant to CPLR article 78.
ORDERED that the order and judgment is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of an amended judgment, inter alia, declaring that the stipulation dated January 27, 2010, is valid, and that the respondent/defendant John K. Urda did not violate Public Officers Law §74(3)(d) and (f).
