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

98 N.Y.2d 758 (2002)

781 N.E.2d 892

751 N.Y.S.2d 827

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

Court of Appeals of the State of New York.

Decided October 24, 2002.

Attorney(s) appearing for the Case

Beveridge & Diamond, P.C., New York City (Christopher J. McKenzie and Stephen L. Gordon of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Gregory J. Nolan, Caitlin Halligan, Daniel Smirlock, Marion Buchbinder and Norman Spiegel of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

This CPLR article 78 proceeding seeks to annul a determination of the New York State Department of Environmental Conservation (DEC) denying petitioner's application for a permit to expand a municipal solid waste disposal facility. We conclude that the agency's determination was rational, based on substantial...

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