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HOOSICK v. SOLID WASTE AUTH.

182 A.D.2d 37 (1992)

Town of Hoosick, Respondent, v. Eastern Rensselaer County Solid Waste Management Authority, Appellant

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

August 27, 1992

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh, P. C. (Michael A. Greco and John R. Mineaux of counsel), Albany, for appellant.

Ruberti, Girvin & Ferlazzo, P. C. (Salvatore D. Ferlazzo of counsel), Albany, for respondent.

Rayhill & Rayhill (Philip A. Rayhill of counsel), New Hartford, for New York State Association for Solid Waste Management, amicus curiae.

YESAWICH JR., LEVINE and MAHONEY, JJ., concur with HARVEY, J.; WEISS, P. J., dissents in a separate opinion.

HARVEY, J.

Defendant is a public benefit corporation organized pursuant to Public Authorities Law, article 8, title 13-H for the purpose of dealing with the management of solid waste. Defendant was created pursuant to Public Authorities Law § 2050-cc (4), which provided that plaintiff and 16 other designated Rensselaer County municipalities (see, Public...

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