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TOWN OF VICTORY v. FLACKE

101 A.D.2d 1016 (1984)

Town of Victory, by Walter Richardson, as Town Supervisor, Appellant, v. Robert F. Flacke, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Respondents

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

May 25, 1984

Judgment unanimously affirmed, without costs.

Memorandum:

Petitioner, Town of Victory, appeals from a judgment denying its CPLR article 78 petition to annul a permit issued by the Department of Environmental Conservation to construct a solid waste management facility in the town. We agree with Special Term that the Department's determination that the project would have no significant effect on the environment was not arbitrary and capricious. The project is...

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