Council of Trade Waste Ass'n v. City of New York

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

The petitioners private commercial carting companies (the carters) bring this CPLR article 78 proceeding by order to show cause with a temporary restraining order (TRO) for a judgment vacating, annulling and setting aside the new lower maximum rates adopted by the respondent Commissioner (Commissioner) of the New York City Department of Consumer Aifairs (Department) for the collection of commercial refuse. They seek a preliminary injunction enjoining respondents from enforcing the contested rates adopted by the Commissioner. Pending expedited…