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MATTER OF TOWN OF ELLERY v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

67.1 CA 17-01195.

159 A.D.3d 1516 (2018)

73 N.Y.S.3d 706

2018 NY Slip Op 02039

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

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

Decided March 23, 2018.

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

Memorandum: Petitioner-plaintiff (petitioner) commenced this CPLR article 78 proceeding and declaratory judgment action seeking annulment of permits issued by respondent-defendant New York State Department of Environmental Conservation (Department) to respondent-defendant Chautauqua County (County) in connection with the expansion of a County-operated waste management facility...

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