Al Turi Landfill, Inc. v. New York State Department of Environmental Conservation

Schmidt, J.,

concurs in part and dissents in part and votes to annul the determination dated April 15, 1999, and remit the matter to the respondents for further proceedings consistent herewith with the following memorandum, in which Friedmann, J., concurs. I find the determination by the Commissioner to be arbitrary and capricious and one which deprived the petitioner Al Turi Landfill, Inc., of the equal protection of the law. Accordingly, I respectfully dissent. It is apparent from the record that Al Turi’s application for a landfill expansion permit was treated differently by the Department…