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FLACKE v. LANDFILL SYS.

113 A.D.2d 440 (1985)

Robert F. Flacke, as Commissioner of Environmental Conservation of The State of New York, Appellant, and Town of Onondaga, Intervenor, v. Onondaga Landfill Systems, Inc., Respondent

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

December 20, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Douglas Ward of counsel), for appellant.

Costello, Cooney & Fearon (Raymond D'Agostino of counsel), for intervenor.

Hiscock & Barclay (Robert Barrer of counsel), for respondent.

Wildridge, Rosenberg & Levy (Robert Wildridge of counsel), receiver.

DILLON, P. J., CALLAHAN, PINE and SCHNEPP, JJ., concur.

DENMAN, J.

The Commissioner of the Department of Environmental Conservation (DEC) challenges an order of Supreme Court which approved a plan submitted by a court-appointed receiver for closure of a landfill operated by the Onondaga Landfill Systems, Inc. (OLSI), but deleted a provision which DEC had made a condition of its approval. The DEC would require a $710,000 interest-bearing fund to be established to...

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