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MATTER OF UNIVERSAL METAL & ORE, INC. v. WESTCHESTER COUNTY SOLID WASTE COMMISSION

2013-10140.

145 A.D.3d 46 (2016)

2016 NY Slip Op 06091

37 N.Y.S.3d 571

In the Matter of UNIVERSAL METAL & ORE, INC., Respondent, v. WESTCHESTER COUNTY SOLID WASTE COMMISSION et al., Appellants.

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

Decided September 21, 2016.

Attorney(s) appearing for the Case

Robert F. Meehan, County Attorney, White Plains (James Castro-Blanco, Linda M. Trentacoste and Justin Aden of counsel), for appellants.

Harold, Salant, Strassfield & Spielberg, White Plains (Leonard I. Spielberg of counsel), for respondent.

DILLON, J.P., DICKERSON and DUFFY, JJ., concur.

OPINION OF THE COURT

The petitioner, Universal Metal & Ore, Inc., is an international metal trading company founded in 1951, which maintains a facility in Mount Vernon. Essentially, Universal is in the business of purchasing scrap metal, and reselling it at a profit to other companies. The primary issue raised on appeal is...

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