Town of Verona v. Louis B. DeMario Enterprises, Inc.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly dismissed the first and third causes of action in the petition. Those causes of action challenge the issuance by respondent Department of Environmental Conservation (DEC) of a solid waste management facility permit for an indoor sludge composting facility proposed by respondents Louis B. DeMario Enterprises, Inc., and City of Oneida. The record does not support the contention that petitioner was excluded from the review process. Petitioner was…