PEOPLE v. BURT


246 A.D.2d 919 (1998)

668 N.Y.S.2d 413

The People of the State of New York, Respondent, v. Frank A. Burt, Appellant

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

January 29, 1998


Spain, J.

In 1993, the Town of Moreau in Saratoga County was under orders from the Department of Environmental Conservation to close and cap its landfill. Defendant, owner of Burt's Tree Service, was hired by the Town to haul sand to cover the landfill at a rate of $30 per hour. Originally, defendant was hauling sand from a bank at the landfill; as the supply ran low, however, the Town found a free alternate source at a quarry owned by Glens Falls Cement...

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