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AMERICAN INDEPENDENT PAPER MILLS SUPPLY CO., INC. v. COUNTY OF WESTCHESTER

65 A.D.3d 1173 (2009)

886 N.Y.S.2d 178

AMERICAN INDEPENDENT PAPER MILLS SUPPLY CO., INC., Appellant, v. COUNTY OF WESTCHESTER et al., Respondents.

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

September 22, 2009.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint and substituting therefor a provision declaring that the plaintiff did not establish that the transfer station fee imposed pursuant to Laws of Westchester County § 826-a.306 (2) (b) is unconstitutional; as so modified, the judgment is affirmed, with costs to the defendants.

In 1999 the Westchester County Board of Legislators enacted the Westchester County...

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