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MATTER OF EASTERN TRANSFER OF NEW YORK, INC. v. CAHILL

268 A.D.2d 131 (2000)

707 N.Y.S.2d 521

In the Matter of EASTERN TRANSFER OF NEW YORK, INC., Appellant, v. JOHN P. CAHILL, as Commissioner of Environmental Conservation, et al., Respondents. (And Another Related Action.)

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

May 4, 2000.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, L. L. P., Albany (Thomas S. West of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Maureen F. Leary of counsel), for respondents.

CARDONA, P. J., MERCURE, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

GRAFFEO, J.

This controversy emanates from the parties' differing interpretations of an administrative enforcement order issued on consent (hereinafter the consent order) by respondent Department of Environmental Conservation (hereinafter DEC) in June 1990 relating to the operation of a solid waste transfer station in Kings County which is now owned by petitioner. Because we hold that the consent order, which expired on May 7, 1998,...

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