Andzel v. Gaylord

OPINION OF THE COURT

Thomas P. Flaherty, J.

By order to show cause granted on September 28, 1984, petitioners seek an order directing the preparation of an environmental impact statement (EIS) pursuant to ECL 8-0109 (subd 2) prior to the construction and operation of a solid waste transfer station in the Town of Collins (Town) and for additional relief setting aside various procedures employed to date by the Town in constructing this transfer station.

By notice of motion pursuant to CPLR 7804 (subd [f]) and dated October 5, 1984, the Town moves to dismiss the instant petition on the grounds that…