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UNIVERSAL WASTE v. DEC

4 Misc.3d 500 (2004)

778 N.Y.S.2d 855

In the Matter of UNIVERSAL WASTE, INC., et al., Petitioners v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Supreme Court, Oneida County.

May 26, 2004.

Attorney(s) appearing for the Case

Arnold & Porter, New York City, for petitioners.

Eliot Spitzer, Attorney General, Albany, for respondent.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

Relief Requested: CPLR article 78 proceeding brought by Universal Waste challenging the summary disposition by Department of Environmental Conservation (DEC) of its petition to delist a hazardous waste site.

Holding: The delisting petition set forth factual allegations, supported by evidence in admissible form, sufficient...

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