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


7 A.D.3d 326 (2004)

776 N.Y.S.2d 272

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.

May 11, 2004.


It appears that petitioner accepts solid waste into its facility, namely, discarded broken-up concrete, and turns it into smaller pieces of concrete for sale to roadway and construction contractors. Respondent determined that such activity makes petitioner a "transfer station" for which a permit is required. Petitioner argues that such determination is contrary to the definition of transfer station in Administrative Code of the City of New York § 16-130 (a) (5). That...

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