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  5. 71 N.Y.2d 292 (1988)
 

RESEARCH GROUP v. ISLIP

71 N.Y.2d 292 (1988)

In the Matter of New York Public Interest Research Group, Inc., by Thomas A. Wathen, Its Executive Director, et al., Appellants, v. Town of Islip et al., Respondents, and Board of Education of Hauppauge Union Free School District, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Eugene L. Wishod, Randall M. Weiner, Bruce H. Kaplan, Scott M. Karson and Lewis B. Oliver, Jr., for appellants and intervenor-appellant.

Guy W. Germano, Town Attorney (Michael J. Cahill, Bernard S. Meyer and Doris E. Roth of counsel), for Town of Islip and others, respondents.

Robert Abrams, Attorney-General (Ezra I. Bialik and O. Peter Sherwood of counsel), for Henry G. Williams, respondent.

Regina Seltzer for The Assembly Commission on Water Resource Needs for Long Island, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS and ALEXANDER concur with Judge HANCOCK, JR.; Judge KAYE dissents and votes to reverse in a separate opinion in which Judge BELLACOSA concurs; Judge TITONE taking no part.

HANCOCK, JR., J.

This is an appeal from a dismissal of a CPLR article 78 proceeding challenging an order on consent of the Department of Environmental Conservation (DEC) dated May 12, 1987 pertaining to the 87-acre landfill located on Blydenburgh Road, Town of Islip, Long Island. The order on consent was entered in a proceeding brought by the DEC against respondents Town of Islip and Islip Resource Recovery Agency...

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