PRISCO v. STATE OF N.Y.

No. 91 Civ. 3990 (RLC).

902 F.Supp. 400 (1995)

Filomena PRISCO, Individually and as Administratrix of the Goods, Chattels, and Credits of Thomas Prisco, Deceased, Plaintiff, v. The STATE OF NEW YORK; New York State Department of Environmental Conservation; Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation; State of New York Organized Crime Task Force; John M. Murray and William E. Bubenicek, as employees of Division of Law Enforcement, Bureau of Environmental Conservation Investigation, New York State Department of Environmental Conservation; New York State Police; Thomas A. Constantine, as Superintendent of New York State Police; Lloyd F. Ward, as an employee of the New York State Police; James LaBate; Angelo Anthony Calvello; A-1 Carting, Inc.; A-1 Compaction Corp.; A-1 Compaction, Inc.; Greene Refuse Service; A & D Carting Corp.; A.F.C. Transfer Corp.; American Disposal Services, Inc.; Black Meadow Construction, Inc.; John Danna & Sons, Inc.; Gun Hill Trucking, Ltd.; Suburban Carting Corp.; Nyconn Waste Disposal; TriCounty Disposal, Inc.; Stamford Wrecking Company; Finne Bros. Refuse Systems, Inc.; Tiger Recycling, Inc.; Anthony Moreno; Moreno Bulk Haulage; SCND Construction Co., Inc.; LSC Trucking Corp.; DeCostole Carting, Inc.; Kristal Papers, Ltd.; Karnak Inc.; Best Container Service, Inc.; Montauk Enterprises; G & A Sand and Gravel, Inc.; Mill Basin Construction Corp.; Garan Carting Co., Inc.; Stevens Trucking, Inc.; Top Job Sanitation Co., Inc.; Cross Bay Contracting Corp. and Consumer Transfer Trucking, Defendants.

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

October 11, 1995.


Attorney(s) appearing for the Case

Reardon & Sclafani, P.C. (Michael V. Sclafani, of counsel), Yonkers, New York, for Plaintiff Filomena Prisco.

Dennis C. Vacco Attorney General of the State of New York (Phyllis Arnold, H. Johannes Galley, Gregory J. Nolan, of counsel), New York City, for New York State Defendants Environmental Protection Bureau.


OPINION

ROBERT L. CARTER, District Judge.

Preliminary Statement

Plaintiffs Filomena and Thomas Prisco instituted this action against the state of New York, various state agencies and officials, and certain private defendants for alleged violations of state and federal environmental statutes, federal due process rights, and state common law. The Priscos1 seek declaratory and injunctive relief and monetary...

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