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MATTER OF WITRYOL v. CWM CHEM. SERVS., L.L.C.

461 CA 18-02262.

174 A.D.3d 1449 (2019)

2019 NY Slip Op 05887

In the Matter of Amy H. Witryol et al., Appellants, v. CWM Chemical Services, L.L.C., et al., Respondents.

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

Decided July 31, 2019.

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

Memorandum: Petitioners-plaintiffs (petitioners) are owners of land near a waste management site owned and operated by respondent-defendant CWM Chemical Services, L.L.C. (CWM) in Model City, New York (Model City facility). Petitioners commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, among other things, to annul certain "decisions...

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