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FERRER v. APPLETON

190 A.D.2d 146 (1993)

Fernando Ferrer, Individually and as Bronx Borough President, et al., Respondents, v. Albert F. Appleton, as Commissioner of The New York City Department of Environmental Protection, et al., Appellants

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

May 11, 1993

Attorney(s) appearing for the Case

Elizabeth Dvorkin of counsel (Leonard Koerner, Francis F. Caputo, Elizabeth St. Clair and Michael S. Bogin with her on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for Albert F. Appleton and another, appellants.

Louise G. Roback of counsel (Andrea Green and Leslie Allan with her on the brief; Robert Abrams, Attorney-General, attorney), for Thomas C. Jorling and others, appellants.

Stuart A. Blander of counsel (Adam D. Eilenberg, Juan Cartagena and Nitza M. Escalera with him on the brief; Heller, Horowitz & Feit, P. C., and Community Service Society of New York, attorneys), for respondents.

SULLIVAN, J. P., WALLACH and KASSAL, JJ., concur.

KUPFERMAN, J.

Inasmuch as the New York State Department of Health requires the incineration of infectious hospital waste, chapter 1 of title 24 of the Administrative Code of the City of New York (Air Pollution Control Code) permits the installation and use of refuse burning equipment by hospitals and other medical facilities for such purpose as long as the incinerator is operated by the medical facility.

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