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MATTER OF ALLIED SANITATION, INC. v. APONTE

142 A.D.2d 511 (1988)

In the Matter of Allied Sanitation, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Angelo J. Aponte, as Commissioner of The Department of Consumer Affairs of the City of New York, Appellant

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

July 7, 1988

This is a proceeding brought pursuant to CPLR article 78. Petitioners are engaged in the business of removing commercial and industrial refuse. Respondent is charged with fixing maximum rates for the removal of such refuse.

The present dispute concerns the rate that petitioners are able to charge for the removal of refuse. Petitioners are engaged in the collection of refuse in open-top roll-off containers rather than by...

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