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MATTER OF FINGER LAKES ZERO WASTE COALITION, INC. v. MARTENS

513615.

95 A.D.3d 1420 (2012)

944 N.Y.S.2d 336

2012 NY Slip Op 3503

In the Matter of FINGER LAKES ZERO WASTE COALITION, INC., Appellant, v. JOE MARTENS, as Commissioner of Environmental Conservation, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 3, 2012.

SPAIN, J.

Respondent Casella Waste Services of Ontario, LLC operates, via a lease agreement with the County of Ontario, the Ontario County Landfill, located in the City of Canandaigua, Ontario County. In March 2010, respondent Board of Supervisors of Ontario County (hereinafter the Board) submitted an application to the Department of Environmental Conservation (hereinafter DEC) seeking to modify the landfill's existing operating

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