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MATTER OF AL TURI LANDFILL, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

289 A.D.2d 231 (2001)

735 N.Y.S.2d 61

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

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

Decided December 3, 2001.

Ordered that the appeal is dismissed, and the judgment is vacated, on the law; and it is further,

Adjudged that the determination is confirmed, and the proceeding is dismissed, on the merits; and it is further,

Ordered that the respondent is awarded one bill of costs.

Since the petition raises a substantial evidence question, and the remaining points raised by the petitioner that were disposed of by the Supreme Court were not objections that could...

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