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MATTER OF RIVERSO v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

2013-10136, Index No. 27952/10.

125 A.D.3d 974 (2015)

In the Matter of RAPHAEL RIVERSO, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided February 25, 2015.

Ordered that the order and judgment is reversed, on the law, with costs, the motions are denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings on the petition.

In 1983, a landfill operated by the respondent Town of Clarkstown was designated a class 2 "inactive hazardous waste disposal site" (ECL 27-1301 [2]). In 1989, the Town and the New York State Department of Environmental Conservation...

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