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TURI LANDFILL v. DEC

183 Misc.2d 787 (2000)

705 N.Y.S.2d 839

In the Matter of AL TURI LANDFILL, INC., Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Supreme Court, Orange County.

February 1, 2000.

Attorney(s) appearing for the Case

Beveridge & Diamond, P. C., New York City, for petitioner.

Eliot Spitzer, Attorney General, New York City (Gregory J. Nolan of counsel), for respondents.

OPINION OF THE COURT

PETER M. LEAVITT, J.

This petition is disposed of as follows: The following facts are either undisputed or apparent from the record. Petitioner has owned and operated a solid waste disposal facility (i.e., a landfill) in the County of Orange for approximately 25 years. In March 1996, petitioner submitted an application for a permit to expand its facility. Between February 1998 and November...

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