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IN THE MATTER OF MODERN LANDFILL, INC. v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

21 A.D.3d 1381 (2005)

801 N.Y.S.2d 214

In the Matter of MODERN LANDFILL, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

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

September 30, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 78 to challenge respondent's issuance of a positive declaration with respect to the application by petitioner to modify its solid waste landfill permit (see 6 NYCRR 617.2 [ac]). Supreme Court properly granted respondent's motion to dismiss the petition on the ground...

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