MATTER OF AL TURI LANDFILL, INC. v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

This CPLR article 78 proceeding seeks to annul a determination of the New York State Department of Environmental Con servation (DEC) denying petitioner’s' application for a permit to expand a municipal solid waste disposal facility. We conclude that the agency’s determination was rational, based on substantial evidence and not discriminatory.

In 1996, petitioner applied for a permit to expand its landfill located in Goshen, New York. During the pendency of the application, petitioner and its…