Natural Resources Defense Council, Inc. v. New York City Department of Sanitation

Order and judgment (one paper), Supreme Court, New York County (Stuart Cohen, J.), entered June 13, 1997, which, insofar as appealed from, declared that, absent formal rulemaking by respondent Commissioner of Sanitation, respondent Department of Sanitation may not consider construction and demolition debris in meeting the tonnage requirements of the New York City Recycling Law (Local Laws, 1989, No. 19 of City of New York, § 2, adding Administrative Code of City of NY § 16-301 et seq.), as set forth in Administrative Code § 16-305 and revised by prior court orders (83 NY2d 215, 220; 214 AD2d…