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MATTER OF THE NATL. WASTE & RECYCLING CTR. v. CITY OF NEW YORK

Index No. 101686/18. Appeal No. 12669. Case No. 2020-02121.

189 A.D.3d 582 (2020)

134 N.Y.S.3d 183

2020 NY Slip Op 07674

In the Matter of The National Waste & Recycling Center et al, Appellants, et al., Petitioner/Plaintiff, v. City of New York et al., Respondents.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Robert A. Spolzino of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondents.

New York Lawyers for the Public Interest, New York ( Melissa Iachan of counsel), and Hughes Hubbard & Reed LLP, New York ( Theodore V.H. Mayer of counsel), for amici curiae.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

We affirm based on Supreme Court's well-reasoned and thoughtful analysis. Supreme Court properly granted the motions to dismiss the petition and complaint. The record shows that the City conducted an appropriate environmental review of Local Law 152 that complied with SEQRA/CEQR (see Matter of Jackson v New York State Urban Dev. Corp., 67 N.Y.2d 400, 417 [1986]); that the law was not preempted...

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