Ordered that the order is affirmed, without costs or disbursements, for reasons stated by Justice Copertino in his memorandum decision, dated January 11, 1991, at the Supreme Court.
We further note that the Deputy Commissioner and General Counsel of the Department of Environmental Conservation (DEC) stated to this court that: "DEC does not intend to summarily close any landfill, but intends to go forward in proceedings on notice which give the respondent municipality...
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