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STATE OF NEW YORK v. ASBESTOS TRANSPORTATION COMPANY, INC.

289 A.D.2d 474 (2001)

736 N.Y.S.2d 46

STATE OF NEW YORK et al., Appellants, v. ASBESTOS TRANSPORTATION COMPANY, INC., Respondent.

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

Decided December 24, 2001.

Ordered that the order and judgment is affirmed, with costs.

The plaintiffs commenced this action alleging that the defendant was operating an asbestos transfer station in violation of the New York State Environmental Conservation Law and the regulations promulgated thereunder. A transfer station is defined under 6 NYCRR 360-1.2 (b) (172), and provides for an exemption where the material transferred consists of "leak proof, closed containers of solid waste from vehicle...

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