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IN RE: Application of VISION ENVIRONMENTAL SERVICES CORP., et al., Petitioners-Appellants, For a Judgment, etc., v. The NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Respondents-Respondents.
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered March 21, 1996, which denied petitioners' application, brought pursuant to CPLR article 78, to annul a determination of respondent Environmental Control Board, inter alia, finding that petitioners had violated asbestos regulations, unanimously affirmed, without costs.
Petitioners were properly found to be in violation of each of the asbestos regulations in question. The statutory scheme relating to asbestos, read as a whole and in light of its policy objectives, gives respondents broad authority to make rules for the protection of the public and workers, including imposition of strict liability and application of the principle of respondeat superior (cf., Cunningham v. L.P.T.G. Farragut Realty Corp., 200 A.D.2d 651, 652-53, 606 N.Y.S.2d 776).
We find that 15 RCNY 1-91(c) imposed upon petitioner contractor the duty of instructing its employees not to use altered gloves. We further find that the evidence permitted a rational inference that this duty was breached. We have considered petitioners' remaining contentions and find them to be without merit.
MEMORANDUM DECISION.
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Decided: September 11, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
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