SON MAR CARTING v. HEIL


159 Misc.2d 200 (1993)

603 N.Y.S.2d 379

Son Mar Carting, Inc., Petitioner, v. James H. Heil, as Commissioner of the Department of Waste Management of Town of Brookhaven, et al., Respondents. In the Matter of V. Garofalo Carting, Inc., Petitioner, v. Town Board of the Town of Brookhaven, Respondent. J & S Sanitation Services, Inc., Petitioner, v. John La Mura, as Supervisor, et al., Comprising the Town Board of the Town of Brookhaven, et al., Respondents.

Supreme Court, Suffolk County.

October 15, 1993


Attorney(s) appearing for the Case

Emily Pines, Town Attorney, Medford, for Town of Brookhaven, respondent. Reynolds, Caronia & Gianelli, Hauppauge, for Son Mar Carting, Inc., petitioner. Wolf & Wolf, Hauppauge, for V. Garofalo Carting, Inc., petitioner. Clare B. Connaughton, Smithtown, for J & S Sanitation Services, Inc., petitioner.


MARQUETTE L. FLOYD, J.

For the purposes of this memorandum, the above three CPLR article 78's are consolidated inasmuch as they involve common issues of law. The respondent Town of Brookhaven's motions made in all three article 78's seeking to dismiss the petition based upon objections in point of law are considered under CPLR 7804, General Municipal Law § 103, Town Law § 64 and are granted. The petitions...

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