Legal Opinion

Fiorillo v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1987PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.

This appeal derives from activities at a landfill which has been the subject of previous litigation before this court (Town of Plattekill v Dutchess Sanitation, 56 AD2d 150, affd 43 NY2d 662).

Petitioners, who are currently members of a partnership known as FICA, controlled Dutchess Sanitation Services, Inc. (DSS). In February 1977, DSS ceased operating the landfill in part because of judicial proceedings which enjoined it from importing refuse from outside the Town of Plattekill in Ulster County. From that time forward DSS never again disposed of refuse at…

2Cases cited5 opinions

  1. Laco X-Ray Systems, Inc. v. FingerhutAppellate Division of the Supreme Court of the State of New York · 1982
  2. Colt Industries, Inc. v. New York City Department of FinanceNew York Court of Appeals · 1985
  3. Dutchess Sanitation Service, Inc. v. Town of PlattekillNew York Court of Appeals · 1980
  4. Town of Plattekill v. Dutchess Sanitation, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  5. Town of Plattekill v. Dutchess Sanitation, Inc.New York Court of Appeals · 1977

3Cited by4 opinions

  1. Aries Ventures Ltd. v. Axa Finance S.A.District Court, S.D. New York · 1990
  2. Fiorillo v. New York State Depatment of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1990
  3. Town of Northumberland v. StermanAppellate Division of the Supreme Court of the State of New York · 1998
  4. Berger v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992

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