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MESCHI v. NY CONSERVATION

114 Misc.2d 877 (1982)

In the Matter of William Meschi et al., Individually and on Behalf of All Others Similarly Situated, Petitioners, v. New York State Department of Environmental Conservation et al., Respondents.

Supreme Court, Special Term, Albany County.

July 15, 1982

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna (Philip H. Gitlen of counsel), for petitioners. Robert Abrams, Attorney-General (Michael J. Moore of counsel), for New York State Department of Environmental Conservation, respondent. Miller, Mannix, Lemery & Kafin, P. C. (Benjamin R. Pratt, Jr., of counsel), for County of Columbia and others, respondents.

LAWRENCE E. KAHN, J.

In this article 78 proceeding, petitioners seek to enjoin the respondents from constructing a solid waste transfer facility on U. S. Route 20 in the Town of New Lebanon, and to annul and set aside a permit for the construction of the facility issued to the county by the respondent, New York State Department of Environmental Conservation (hereinafter DEC). Specifically, petitioners challenge DEC's determination that the construction...

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