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CONCERNED CITIZENS v. ZAGATA

243 A.D.2d 20 (1998)

672 N.Y.S.2d 956

In the Matter of Concerned Citizens for the Environment et al., Respondents, v. Michael D. Zagata, as Commissioner of Environmental Conservation, et al., Respondents, and American Ref-Fuel Company of the Capital District, L.P., Appellant

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

May 14, 1998

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C., New York City (Mark A. Chertok of counsel), for appellant.

Gordon, Siegal, Mastro, Mullaney, Gordon & Galvin, P. C., Schenectady (Joan Leary Matthews of counsel), for Concerned Citizens for the Environment and others, respondents.

CARDONA, P. J., MIKOLL, WHITE and CARPINELLO, JJ., concur.

CREW III, J.

In March 1994, respondent American Ref-Fuel Company of the Capital District, L.P. (hereinafter respondent) submitted an application to respondent Department of Environmental Conservation (hereinafter DEC) for a permit to construct and operate an integrated solid waste management facility in the Village of Green Island, Albany County. The proposed facility consisted of an incinerator, a materials...

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