Legal Opinion

Kellner v. City of New York Department of Sanitation

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

Decided June 18, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered November 29, 2012, denying the petition to declare that respondents City Department of Sanitation (DSNY) and State Department of Environmental Conservation (DEC) failed to comply with the State Environmental Quality Review Act (SEQRA), DEC’s own rules, and the City’s Solid Waste Management Plan, and to enjoin the City respondents from proceeding with construction of the 91st Street Marine Transfer Station until they complied therewith, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously…

2Cases cited3 opinions

  1. Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
  2. C/S 12th Avenue LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  3. Coalition Against Lincoln West, Inc. v. WeinshallAppellate Division of the Supreme Court of the State of New York · 2005

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