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SOCY. OF PLASTICS v. SUFFOLK

154 A.D.2d 179 (1990)

Society of the Plastics Industry, Inc., et al., Respondents-Appellants, v. County of Suffolk et al., Appellants-Respondents

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

February 26, 1990

Attorney(s) appearing for the Case

E. Thomas Boyle, County Attorney (Frederick Eisenbud of counsel), for appellants-respondents.

Meyer, Suozzi, English & Klein, P. C. (Bernard S. Meyer and Jeffrey G. Stark of counsel), and Keller & Heckman (Jerome H. Heckman, John S. Eldred and Ralph A. Simmons of counsel), for respondents-appellants. (One brief filed.)

MOLLEN, P. J., BROWN, KOOPER and MILLER, JJ., concur.

Per Curiam.

The issue presented by this appeal involves a challenge to a legislative enactment of the Suffolk County Legislature which prohibits the use of certain nonbiodegradable plastic material in that county. The primary challenge to the law is premised on the claim that the legislature violated the terms and policy of the State Environmental Quality Review Act (ECL art 8; hereinafter SEQRA) by issuing a negative declaration...

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