MEMORANDUM OF DECISION AND ORDER
MISHLER, District Judge.
Defendants-Respondents City of New York, New York City Department of Environmental Protection and Albert F. Appleton move this court for an order dismissing the petition of New York City Council Member Carolyn Maloney pursuant to Fed. R.Civ.P. 12(b) or, alternatively, for an order granting them summary judgment pursuant to Fed.R.Civ.P. 56. Intervenors-Respondents, Chambers Services, Inc. ("Chambers...
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