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PELLICCIO v. AXELROD

129 A.D.2d 76 (1987)

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

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

June 15, 1987

Attorney(s) appearing for the Case

Lovett & Gould (Jonathan Lovett of counsel), for appellants respondents in action No. 1.

Mariano & Wolman (William Mariano of counsel), for appellants-respondents in action No. 2.

Henry J. Logan, County Attorney (Kenneth E. Powell of counsel), for respondents-appellants in actions Nos. 1 and 2.

BRACKEN, J. P., RUBIN and HARWOOD, JJ., concur.

WEINSTEIN, J.

The instant appeal calls upon us to resolve a challenge to the rules and regulations governing solid refuse disposal in Westchester County. The respective plaintiffs who assert standing as taxpayers and private carters, directly attack the enabling legislation (Local Laws, 1986, No. 34 of County of Westchester)* as an unlawful delegation of authority in contravention...

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