U.S. v. CITY OF NEW YORK

No. CV 89-2571 (JM).

799 F.Supp. 1308 (1992)

UNITED STATES of America and The State Of New York, Plaintiffs, v. CITY OF NEW YORK and New York City Department of Environmental Protection, Defendants. Carolyn MALONEY, Individually, and as a member of the New York City Counsel, and Fernando Ferrer, Individually, and as the Bronx Borough President, Petitioners, v. CITY OF NEW YORK, New York City Department of Environmental Protection, and Albert F. Appleton, Commissioner of the New York City Department of Environmental Protection, Respondents, and Chambers Services, Inc., New York Organic Fertilizer Company, the Merco Joint Venture, and Renewable Earth Products of New York City, Intervenors-Respondents and Cross-Claimants.

United States District Court, E.D. New York.

January 31, 1992.


Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Deborah B. Zwany, Asst. U.S. Atty., for plaintiffs.

Corp. Counsel of the City of New York (Lewis S. Finkelman, Barbara Yessel, of counsel), New York City, for defendants-respondents.

Gutman & Gutman (S. Mac Gutman, Halima Akhtar-Gutman, of counsel), Forest Hills, N.Y., for petitioner Maloney.

New York State Dept. of Law (Ann L. Goldweber, of counsel), New York City.

McDonough, Marcus, Cohen & Tretter (Vincent Torna, of counsel), New York City, for MERCO.

Thelen, Marrin, Johnson & Bridges (Paul A. Winick, of counsel), New York City, for Chambers Services, Inc.

Stroock & Stroock & Lavan (Alvin K. Hellerstein, of counsel), New York City, for NYOFCO.


MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Defendants-Respondents City of New York, New York City Department of Environmental Protection and Albert F. Appleton move this court for an order dismissing the petition of New York City Council Member Carolyn Maloney pursuant to Fed. R.Civ.P. 12(b) or, alternatively, for an order granting them summary judgment pursuant to Fed.R.Civ.P. 56. Intervenors-Respondents, Chambers Services, Inc. ("Chambers...

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