MATTER OF AMSTEL RECYCLING & CONCRETE CORP. v. CITY OF NEW YORK


287 A.D.2d 385 (2001)

731 N.Y.S.2d 700

In the Matter of AMSTEL RECYCLING & CONCRETE CORP. et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 25, 2001.


Petitioners correctly state that the issue of whether the facility operated by petitioner Amstel Recycling and Concrete Corp. constitutes a non-putrescible solid waste transfer station, subject to regulation under the Administrative Code of the City of New York § 16-130 et seq., was decided in a prior administrative determination. We conclude, however, that, under the particular circumstances of this case, the flexibility accorded an administrative body to correct...

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