State v. Della Villa

—Yesawich Jr., J.

Appeal from that part of an order of the Supreme Court (Lynch, J.), entered August 27, 1997 in Schenectady County, which, inter alia, denied plaintiffs’ cross motion for permanent injunctive relief.

This lawsuit arises out of defendants’ activities which plaintiffs contend constitute the operation of an unauthorized landfill. Plaintiffs seek civil penalties, as well as an order mandating the closure of the landfill in accordance with relevant Department of Environmental Conservation (hereinafter DEC) regulations.

In March 1996, defendants moved, inter alia, to confirm a…