Legal Opinion

Essex County v. Zagata

New York Court of Appeals

Decided April 7, 1998PublishedCited by 107 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Underlying the complex factual scenario that follows is the question of when an application for agency review became “final” so as to trigger the 60-day Statute of Limitations under Executive Law § 818 (1).

In November 1995, appellant Essex County Board of Supervisors solicited proposals from private entities seeking to buy its landfill, a state-of-the-art facility located within the Adirondack Park. The County accepted a proposal submitted by appellant Serkil, L.L.C., which was contingent on the County obtaining all necessary operating permit modifications…

2Cases cited13 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  4. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  5. Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986

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3Cited by107 opinions

  1. Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
  2. Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
  3. Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
  4. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
  5. Association for a Better Long Island, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2014

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