Legal Opinion

State of New York v. Barone

New York Court of Appeals

Decided October 19, 1989PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

Confronted by the defendants landfill owners repeated violations of regulatory and even prior judicial directives, the Department of Environmental Conservation (DEC) exercised its statutory prerogatives (ECL 71-2727 [2]; see also, ECL 27-1313 [5] [a]), turning to the court once again to secure the closure of an illegal landfill located adjacent to Route 17 in Tuxedo, New York. After trial, Supreme Court ordered the defendants to shut down the landfill. This has not been appealed or challenged.

Supreme Court also decreed at the request of the State…

2Cases cited11 opinions

  1. Hecht Co. v. BowlesSupreme Court of the United States · 1944
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. Majauskas v. MajauskasNew York Court of Appeals · 1984
  4. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  5. Campbell v. . SeamanNew York Court of Appeals · 1876

6 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. MTR. STATE v. Ford Motor Co.New York Court of Appeals · 1989
  2. Town of Caroga v. HermsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sacco v. BurkeDistrict Court, S.D. New York · 1991
  4. Chevron U.S.A. Inc. v. Commissioner of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011
  5. Dickerson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2011

26 more not listed; retrieve them via the Exa API.

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