Nassau Recycle Corp. v. City of New York

— In a proceeding pursuant to CPLR article 78, inter alia, to restrain the New York City Environmental Protection Administration from issuing additional permits for the use of, or certifying the availability of, petitioner’s sewer system by third parties, the appeal is from a judgment of the Supreme Court, Richmond County, dated March 30, 1978, which granted petitioner’s motion to strike the answer of the appellant and dismiss the counterclaim contained therein. The appeal brings up for review so much of an order of the same court, dated July 6, 1978, as, upon reargument, adhered to the…