From Casetext: Smarter Legal Research

Town of East Hampton v. Cuomo

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 657 (N.Y. App. Div. 1991)

Opinion

April 15, 1991

Appeal from the Supreme Court, Suffolk County (Copertino, J.).


Ordered that the order is affirmed, without costs or disbursements, for reasons stated by Justice Copertino in his memorandum decision, dated January 11, 1991, at the Supreme Court.

We further note that the Deputy Commissioner and General Counsel of the Department of Environmental Conservation (DEC) stated to this court that: "DEC does not intend to summarily close any landfill, but intends to go forward in proceedings on notice which give the respondent municipality an opportunity to present its position as required by law before remedial action may be ordered or before penalties may be imposed. The administrative proceeding will provide the respondent municipality [the opportunity] to present any defense it may have or offer any facts in mitigation it may wish to offer". Thus, as Justice Copertino noted, review pursuant to CPLR article 78 will be available if necessary when the DEC does take action to close the landfills in question. In the meantime, an expeditious trial of the merits of the constitutional issues raised by the Towns should be had. Brown, J.P., Kooper, Harwood and Miller, JJ., concur.


Summaries of

Town of East Hampton v. Cuomo

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 657 (N.Y. App. Div. 1991)
Case details for

Town of East Hampton v. Cuomo

Case Details

Full title:TOWN OF EAST HAMPTON et al., Appellants-Respondents, et al., Plaintiff, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1991

Citations

172 A.D.2d 657 (N.Y. App. Div. 1991)

Citing Cases

Matter of Town of East Hampton v. Jorling

In that action, when we affirmed the denial of a preliminary injunction we explicitly stated, "review…

East Hampton v. Cuomo

In affirming the Supreme Court's order denying dismissal, this court noted that CPLR article 78 review would…