Jamaica Recycling Corp. v. City of New York

OPINION OF THE COURT

Rosalyn Richter, J.

In this consolidated CPLR article 78 proceeding,1 petitioners are five companies seeking to operate solid waste transfer stations in the Bronx, Brooklyn and Queens. In November 2004, respondent New York City Department of Sanitation (DOS) *278promulgated new rules governing the issuance of permits for solid waste transfer stations. After these rules went into effect, DOS denied the permit applications of some of the petitioners and told the others that their proposed facilities would be subject to the new rules. In this proceeding, petitioners challenge the…