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

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered December 20, 2004 in a proceeding pursuant to CPLR article 78. The judgment granted respondent’s motion to dismiss the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 to challenge respondent’s issuance of a positive declaration with respect to the application by petitioner to modify its solid waste landfill permit (see 6 NYCRR 617.2…