STATE OF NEW YORK v. BARONE


74 N.Y.2d 332 (1989)

State of New York et al., Respondents, v. Reynard Barone et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 19, 1989.


Attorney(s) appearing for the Case

Allen H. Weiss and Benjamin Shedler for appellants.

Robert Abrams, Attorney-General (John G. Proudfit, O. Peter Sherwood, Helene G. Goldberger and Harvey Berman of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Confronted by the defendants landfill owners repeated violations of regulatory and even prior judicial directives, the Department of Environmental Conservation (DEC) exercised its statutory prerogatives (ECL 71-2727 [2]; see also, ECL 27-1313 [5] [a]), turning to the court once again to secure the closure of an illegal landfill located adjacent to Route 17 in Tuxedo, New York. After trial...

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