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MATTER OF PATHMARK STORES, INC. v. OFFICE OF CONSUMER AFFAIRS OF THE COUNTY OF NASSAU

1 A.D.3d 520 (2003)

768 N.Y.S.2d 15

In the Matter of PATHMARK STORES, INC., Respondent, v. OFFICE OF CONSUMER AFFAIRS OF THE COUNTY OF NASSAU et al., Appellants.

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

November 17, 2003.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

This proceeding arises from the container redemption policy of the petitioner, Pathmark Stores, Inc. (hereinafter Pathmark), under the Returnable Container Act (hereinafter the Act), part of the New York State Environmental Conservation Law (ECL 27-1001 et seq.). The Act provides for the payment of a five-cent deposit when certain beverages...

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