State v. Prato

OPINION OF THE COURT

Victor G. Grossman, J.

Introduction

Plaintiffs, State of New York and New York State Department of Environmental Conservation (DEC), move for summary judgment on four causes of action seeking injunctive relief, civil penalties, and remediation of a site owned by defendant Gary Prato and used as a landfill without a part 360 permit (6 NYCRR part 360). Specifically, plaintiffs seek: to enjoin and halt the operation of the landfill and the discharge of pollutants into the Croton Falls Reservoir; remediation of the landfill including proper disposal of the debris; and civil…