Home/New York Court of Appeals/MATTER OF WASHINGTON COUNTY CEASE, INC. v. Persico

MATTER OF WASHINGTON COUNTY CEASE, INC. v. Persico

64 N.Y.2d 923
CourtNew York Court of Appeals
DecidedMarch 19, 1985
StatusPublished
Cited by13 cases

This text of 64 N.Y.2d 923 (MATTER OF WASHINGTON COUNTY CEASE, INC. v. Persico) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MATTER OF WASHINGTON COUNTY CEASE, INC. v. Persico, 64 N.Y.2d 923 (N.Y. 1985).

Opinion

64 N.Y.2d 923 (1985)

In the Matter of Washington County Cease, Inc., et al., Respondents,
v.
Richard A. Persico et al., Constituting the Industrial Hazardous Waste Facility Siting Board, et al., Appellants.

Court of Appeals of the State of New York.

Argued February 5, 1985.
Decided March 19, 1985.

Robert Abrams, Attorney-General (Francis J. Keehan, Peter H. Schiff and James A. Sevinsky of counsel), for appellants.

Joseph M. Walsh for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

*924MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. For the reasons stated by the Appellate Division and Special Term regarding the statutory waiver of sovereign immunity under ECL article 27, title 11, the certificate of environmental safety and public necessity was improperly granted because the proposed hazardous waste facility would violate a local zoning ordinance. In view of this determination, it is unnecessary for us to pass on the failure of the Department of Environmental Conservation to publish regulations in a timely manner or the refusal of its designee to recuse himself from his position on the Facility Siting Board.

Order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anschutz Exploration Corp. v. Town of Dryden
35 Misc. 3d 450 (New York Supreme Court, 2012)
Dagvadorj v. DeFleur
70 A.D.3d 1275 (Appellate Division of the Supreme Court of New York, 2010)
Heritage Hills Sewage Works Corp. v. Town Board of Somers
245 A.D.2d 450 (Appellate Division of the Supreme Court of New York, 1997)
County of Westchester v. New York State Division of Human Rights
199 A.D.2d 390 (Appellate Division of the Supreme Court of New York, 1993)
Beer Garden, Inc. v. New York State Liquor Authority
79 N.Y.2d 266 (New York Court of Appeals, 1992)
Vinci v. Corbisiero
174 A.D.2d 893 (Appellate Division of the Supreme Court of New York, 1991)
Bayside Bowling & Recreation Center, Inc. v. New York State Liquor Authority
171 A.D.2d 576 (Appellate Division of the Supreme Court of New York, 1991)
Friedman v. Adirondack Park Agency
165 A.D.2d 33 (Appellate Division of the Supreme Court of New York, 1991)
Love v. Port Authority
168 A.D.2d 222 (Appellate Division of the Supreme Court of New York, 1990)
Adika v. Corbisiero
154 A.D.2d 299 (Appellate Division of the Supreme Court of New York, 1989)
Buffalo Sewer Authority v. New York State Department of Environmental Conservation
151 A.D.2d 95 (Appellate Division of the Supreme Court of New York, 1989)
Grant v. Senkowski
146 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1989)
People v. Macellaro
131 A.D.2d 699 (Appellate Division of the Supreme Court of New York, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
64 N.Y.2d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-washington-county-cease-inc-v-persico-ny-1985.