Concerned Citizens of Allegany County v. Zagata

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioners, concerned citizen groups and local governmental bodies who oppose the proposed construction in their communities of a landfill that would accept only ash, commenced this CPLR article 78 proceeding seeking to annul a *852determination of the Commissioner of the New York State Department of Environmental Conservation (DEC) directing the issuance of a permit for construction of the landfill. They contend that the determination is not supported by substantial evidence. We disagree (see, 300 Gramatan…