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GRACIE POINT v. NYS. DEC.

512059.

92 A.D.3d 123 (2011)

936 N.Y.S.2d 342

2011 NY Slip Op 9562

In the Matter of GRACIE POINT COMMUNITY COUNCIL, by Its President, Anthony Ard, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided December 29, 2011.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner, L.L.P., Albany ( George F. Carpinello of counsel) and Kramer, Levin, Naftalis & Frankel, L.L.P., New York City ( Jeffrey L. Braun of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Lisa M. Burianek of counsel), for New York State Department of Environmental Conservation and another, respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Jane L. Gordon of counsel), for New York City Department of Sanitation, respondent.

James T.B. Tripp , New York City, for Environmental Defense Fund, respondent.

Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., New York City ( Charles C. Platt of counsel), for Residents Sane Trash Solutions, amicus curiae.

MALONE JR., STEIN, McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

MERCURE, A.P.J.

The City of New York generates approximately 50,000 tons per day in waste and recyclables. After the Fresh Kills landfill in the Borough of Staten Island closed in 2001, the majority of the City's waste managed by respondent New York City Department of Sanitation (hereinafter DSNY), as well as commercial waste collected by private haulers, was delivered to private transfer stations and then transferred to long-haul trucks...

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