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Lasdon, William S. (Estate of) - Third Interim Decision, March 15, 1993

Third Interim Decision, March 15, 1993

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION
50 Wolf Road
Albany, New York 12233-1550

In the Matter

- of a -

Significant Threat to the Environment at an Inactive Hazardous Waste Site, under Article 27, Title 13, of the Environmental Conservation Law of the State of New York (the "ECL") and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR) Part 375 by

ESTATE OF WILLIAM S. LASDON,
Respondent

Index Nos. W3-0623-92-10 (Harriman)
and W3-0624-92-10 (Maybrook)

THIRD INTERIM DECISION

March 15, 1993

THIRD INTERIM DECISION

This Interim Decision is in relation to an appeal filed by the Respondent of the February 26, 1993 ruling of Administrative Law Judge ("ALJ") Edward Buhrmaster. For the sake of administrative efficiency, I have determined to hear this appeal on an interlocutory basis.

The Respondent maintains that the Department Staff, as government prosecutor, has an ethical obligation to include in its complaint three affidavits within its possession that may contain information adverse to the Staff's case. The ethical obligations of Department prosecutors is not a matter to be determined within the context of this proceeding. At most, the Department Staff's obligation under the hearing regulations, 6 NYCRR Part 375, with respect to the affidavits is to disclose them. The Staff have done so and if the Respondent wishes to use those documents in its defense it may include them in its answer.

I also note that the response of the Staff to the Respondent's appeal included the submission of the disputed affidavits and numerous other documents. As stated in ALJ Buhrmaster's January 19, 1993 ruling, no further documents will be accepted as part of the Staff's complaint.

IN WITNESS WHEREOF, the Department of Environmental Conservation has caused this Interim Decision to be signed and issued and has filed the same with all maps, plans, reports, and other papers relating thereto in its office in the County of Albany, New York this 15th day of March, 1993

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

/s/
LANGDON MARSH
EXECUTIVE DEPUTY COMMISSIONER

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