Town of Poughkeepsie v. Flacke

*150OPINION OF THE COURT

Joseph Jiudice, J.

The Town of Poughkeepsie has commenced a CPLR article 78 proceeding to annul a decision made by the Commissioner of Environmental Conservation to issue State permits to the respondent, Dutchess Sanitation Service, Inc., for the construction and operation of a sanitary landfill, operation of a bailer and operation of an area adjacent to fresh water wetlands in the Town of Poughkeepsie.

The respondents cross-move to dismiss the petition on the basis the same fails to state a cause of action.

A hearing on the project and its environmental effects was held in…