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MTR AMES v. SMOOT

98 A.D.2d 216 (1983)

In the Matter of Amyas Ames et al., Respondents, v. William S. Smoot et al., Comprising the Board of Trustees of The Incorporated Village of Laurel Hollow, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1983

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C. (George J. Farrell, Jr., John M. Armentano and Ellen M. Young of counsel), for appellants.

Eisenman, Allsop & Strack (James A. Eisenman of counsel), and Chadourne, Parke, Whiteside & Wolff (Paul G. Pennoyer, Jr., Charles K. O'Neill and James C. La Forge of counsel), for respondents (one brief filed).

GIBBONS and GULOTTA, JJ., concur with LAZER, J. P.; WEINSTEIN, J., dissents and votes to affirm the judgment with an opinion in which RUBIN, J., concurs.

LAZER, J. P.

Has the enactment of article 33 of the Environmental Conservation Law (ECL) pre-empted the field of pesticide regulation and thus precluded local governments from legislating in that area? Since we believe that it has, we conclude that the local law enacted by the Incorporated Village of Laurel Hollow prohibiting aerial spraying of pesticides was void and that it could be repealed without the filing...

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