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FLACKE v. ONONDAGA SYS.

127 Misc.2d 984 (1985)

Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, Plaintiff, v. Onondaga Landfill Systems, Inc., Defendant. Town of Onondaga, Intervenor.

Supreme Court, Special Term, Onondaga County.

March 13, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Douglas H. Ward of counsel), for plaintiff. Hiscock & Barclay (Alan S. Burstein and Robert Barrer of counsel), for defendant. Costello, Cooney & Fearon (Raymond R. D'Agostino of counsel), for intervenor. Ali, Pappas & Cox, P. C. (C. Andrew Pappas of counsel), for Solid Waste Disposal Authority. Robert E. Wildridge for receiver.

JOHN P. BALIO, J.

The plaintiff commissioner seeks an injunction restraining the defendant from interfering with administrative inspections of defendant's landfill. The commissioner also seeks the imposition of civil penalties for prior interference with the inspection process. The defendant Onondaga Landfill Systems, Inc. (OLSI) has cross-moved for a modification of prior orders of this court regarding the date for closure of the landfill, tipping fees...

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