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MATTER OF NEIGHBORS AGAINST GARBAGE v. DOHERTY

245 A.D.2d 81 (1997)

665 N.Y.S.2d 649

In the Matter of Neighbors against Garbage et al., Respondents, v. John J. Doherty, as Sanitation Commissioner of The City of New York, et al., Appellants

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

December 9, 1997

We agree with the IAS Court that respondents have failed to comply with Local Law 40's directive that they adopt rules "establishing * * * requirements * * * concerning siting of dumps * * * [and] transfer stations * * * in relation to other such facilities, residential premises and/or other premises for which such requirements may be appropriate" (ibid.), which directive is mandatory, not discretionary, rendering the dispute...

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