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MATTER OF SPITZER v. FARRELL

100 N.Y.2d 186 (2003)

791 N.E.2d 394

761 N.Y.S.2d 137

In the Matter of ELIOT SPITZER, as Attorney General of the State of New York, Respondent, v. KEVIN FARRELL, as Commissioner of the New York City Department of Sanitation, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Grace Goodman, Larry A. Sonnenshein, Robert Orlin and Heidi Rubenstein of counsel), for appellants.

Eliot Spitzer, Attorney General, New York City (Lemuel M. Srolovic, Michael Belohlavek, Marion Buchbinder and Lisa Feiner of counsel), respondent pro se.

Katherine Kennedy, New York City, for American Lung Association of the City of New York and others, amici curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

WESLEY, J.

In May 1996, the Legislature amended the Environmental Conservation Law, requiring New York City to close Staten Island's Fresh Kills landfill by January 1, 2002 (see ECL 27-0706). The New York City Department of Sanitation (DOS) sought to reduce the amount of waste deposited in Fresh Kills in the interim until the City could adopt a final plan. In that regard, DOS...

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