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INDUS. REFUSE v. O'ROURKE

134 Misc.2d 45 (1986)

Industrial Refuse Systems, Inc., et al., Plaintiffs, v. Andrew P. O'Rourke, as Westchester County Executive, et al., Defendants. (Action No. 1.) Salvatore Pelliccio et al., Plaintiffs, v. David Axelrod, as New York State Commissioner of Health, et al., Defendants. (Action No. 2.)

Supreme Court, Westchester County.

November 24, 1986

Attorney(s) appearing for the Case

Henry J. Logan, County Attorney (Brian J. Powers and Paul D. Sirignano of counsel), for defendants. Mariano & Wolman for Industrial Refuse Systems, Inc., plaintiff. Lovett & Gould (Jonathan Lovett of counsel), for Salvatore Pelliccio, plaintiff.

MATTHEW F. COPPOLA, J.

In these actions, which the court has previously joined for purposes of trial, the defendants move to dismiss the complaints. The plaintiffs cross-move for preanswer summary judgment.

In 1981, Westchester County resolved to establish a refuse disposal district pursuant to County Law article 5-A. In 1982, this proposal was approved by the electorate. Thereafter, the State Comptroller...

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