Amstel Recycling & Concrete Corp. v. City of New York

—Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered May 3, 2000, which, to the extent appealed from, in a proceeding pursuant *386to CPLR article 78 to annul three determinations of respondent New York City Environmental Control Board, severed and dismissed petitioners’ first and second causes of action, unanimously affirmed, without costs.

Petitioners correctly state that the issue of whether the facility operated by petitioner Amstel Recycling and Concrete Corp. constitutes a non-putrescible solid waste transfer station, subject to regulation under the…