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RESIDENTS v. N. HEMPSTEAD

149 A.D.2d 266 (1989)

In the Matter of Residents for a More Beautiful Port Washington, Inc., et al., Appellants, v. Town of North Hempstead et al., Respondents

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

August 28, 1989

Attorney(s) appearing for the Case

Cole & Deitz (Joseph DiBenedetto and Jeanne M. Murphy of counsel), for appellants.

Diana Prevete, Acting Town Attorney, and Kronish, Lieb, Weiner & Hellman (Justin N. Feldman, John Hartje, Michael C. DeLisa and A. Kaiper Wilson, and Sive, Paget & Riesel, P. C. [David Paget and Mark A. Chertok] of counsel), for respondents. (One brief filed.)

MANGANO, KOOPER and SPATT, JJ., concur.

MOLLEN, P. J.

The respondent Town of North Hempstead has traditionally disposed of its solid waste by means of landfilling. In 1983, the New York State Legislature imposed a statutory deadline of December 1990 on Nassau and Suffolk Counties for the phasing out of solid waste landfill operations and their replacement with alternate means of solid waste disposal (ECL 27-0704). In accordance with this mandate,...

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